Judge Verna Saunders

Read Full-Text Decision

Landlord sought to recover the premises from tenant Camilo alleging she violated a substantial tenancy obligation by subletting without prior consent in this holdover proceeding. Camilo moved for dismissal arguing the 10 day notice to cure was unsupported by case-specific facts of alleged subtenants or dates of the conduct alleged. She also claimed the termination notice was fatally defective as it alleged she failed to comply with the cure notice by not removing subtenant “Torres Camila Garcia.” The notice to cure alleged a sublet based on purported observations of an unnamed building agent. The court found the fact Torres Camila Garcia appeared on the mailbox was insufficient to support an illegal sublet claim, finding the notice to cure failed to assert sufficient facts to support such claim. It ruled the predicate notices insufficient as information proffered lacked a specific basis for landlord’s belief an illegal sublet existed. Camilo stated Torres Camila Garcia was not a person—the three names represented herself, her husband, Garcia, and her roommate Torres—providing Con Ed bills and a driver’s license listing the premises as her address. This evidence defeated landlord’s conclusory and unsupported allegations of an illegal sublet, granting Camilo’s motion entirely.