Case Type

Small Claims

Housing Type

Not Stated

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

L&T / Index / Case / Docket / Clerk's Number

SC-001283-25

Slip Opinion Number

2026 NY Slip Op 26185

Petitioner

Indileyde Vina

Respondent

Gabriel Reyes Cuevas

Judge

Wursthorn, Eric J.

Decision/Order Date

2026-10-16

Posture

Post-Trial Motion by Tenant

Disposition

Judgment for Tenant

Winner

Mixed/Other

Synopsis

In consolidated Small Claims actions, the court holds that a prime tenant who sublet an illegal basement apartment (no CO) is barred from collecting rent under MDL § 302(1)(b). The sublease was also independently void because the prime tenant's lease expressly excluded the basement, leaving him no possessory interest to convey. The prime tenant is ordered to return the security deposit for failure to comply with GOL § 7-108 itemization requirements, but is awarded damages for unpaid electricity.

Keywords

Small Claims Action; Prime Tenant Subletting Illegal Apartment Barred From Collecting Rent Pursuant To MDL § 302[1][b]; Prime Tenant Cannot Sublet Area In Which It Does Not Have Possessory Interest; Security Deposit; GOL § 7-108

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