Case Type
Holdover-Illegal Sublet
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-320022-25/NY
Petitioner
Ming Yue LLC
Respondent
Xi Chen; Fa Liu; Ling Juan Liu
Judge
Meyers, Adam R.
Decision/Order Date
2026-09-03
Posture
Pre-Answer Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Court grants tenant's pre-answer motion to dismiss illegal sublet holdover for failure to state a cause of action under CPLR 3211(a)(7). Predicate notices failed to allege facts constituting illegal subletting — no allegation of subleasing agreement or rent payments to occupants. Court analyzed RPL § 235-f 'roommate law' and found extended family members (spouse, children, siblings-in-law, niece) were lawful occupants. Predicate notices cannot be amended.
Keywords
Illegal Sublet Holdover Dismissed; Extended Family Members; Predicate Notices Insufficient Under RSC § 2524.2(b) for Failure to Allege Facts Constituting Illegal Subletting; No Allegation of Subleasing Agreement or Rent Payments; RPL § 235-f "Roommate Law" Categories of and Limitations on Lawful Occupants
Recommended Citation
"Ming Yue LLC v. Chen" (2026). All Decisions. 2433.
https://ir.lawnet.fordham.edu/housing_court_all/2433
