Case Type

Holdover-Illegal Sublet

Housing Type

Rent Stabilized

Court

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT

County

Kings County (Brooklyn)

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

2024-113 K C

Slip Opinion Number

2025 NY Slip Op 50843(U)

Petitioner

Ditmas Flats, LLC

Respondent

Shemika Perez,"John" "Doe","Jane" "Doe"

Judge

BUGGS, Chereé A.,OTTLEY, Lisa S.,QUIÑONES, Joanne D.

Decision/Order Date

2025-05-16

Posture

Other

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

The Appellate Term reversed a Civil Court order that dismissed the landlord's illegal sublet claim and denied its motion to dismiss the tenant's affirmative defenses. The court held that the predicate notices, though not naming the alleged subtenant, were sufficiently reasonable to establish grounds for eviction and enable the tenant to frame a defense, reinstating the illegal sublet claim. The nonprimary residence claim was properly dismissed due to the landlord's failure to serve a statutory nonrenewal notice. The matter was remitted to the Civil Court to determine the merits of the landlord's motion to dismiss the tenant's affirmative defenses.

Keywords

Licensee Holdover; Predicate Notice Sufficient; Reverses Judge Howard’s order that granted respondent’s cross-motion to dismiss claims of illegal sublet and reinstates the landlord’s claim and vacates the portion of the order which denied landlord’s motion seeking to dismiss tenant’s affirmative defenses and remits the matter to the trial court to determine the outcome of the landlord’s motion to dismiss tenant’s affirmative defenses. In this licensee holdover alleging illegal sublet, Term held that the predicate notices set forth facts to establish the grounds for eviction, even though the predicate notices do not name the alleged subtenant.

Download

Takedown Policy

Share

COinS