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
Recommended Citation
"Vina v. Cuevas" (2026). All Decisions. 2510.
https://ir.lawnet.fordham.edu/housing_court_all/2510
