In a holdover summary proceeding initiated by D* F*, LLC against SP, it was alleged that the latter had illegally sublet her rent-stabilized apartment and failed to maintain it as her primary residence. As a result, the landlord sought to terminate P*’s tenancy based on violations of the lease and the Rent Stabilization Code (RSC).
P*, in response, filed several affirmative defenses and counterclaims. She also cross-moved to dismiss the petition, arguing that the predicate notices issued by the landlord were legally deficient. The Kings County Civil Court, in an order dated October 31, 2023, sided with the tenant and dismissed the petition, rendering the landlord’s motion to strike her defenses moot.
On appeal, the Appellate Term, Second Department, modified the Civil Court’s ruling, because it was of the view that while the landlord had failed to serve the statutory nonrenewal notice required for a nonprimary residence claim under the RSC and relevant case law, such as Golub v. Frank* (65 NY2d 900 [1985]), and that claim was properly dismissed, the AT2 determined that the predicate notices regarding the illegal sublet allegation were sufficiently detailed under applicable legal standards, including Domen Holding Co. v. Aranovich (1 NY3d 117 [2003]).
Although the notices did not identify the alleged subtenant, the appellate court found that they adequately informed the tenant of the eviction basis and allowed her to prepare a defense. The court also noted that the tenant had taken in a roommate before the proceeding began but had only alleged that a family member (her brother) moved in later. Since the predicate notices related to the earlier occupancy, the heightened standard applicable to alleged illegal sublets involving family members did not apply.
Consequently, the appellate court reinstated the illegal sublet ground and remitted the case to the Civil Court for further proceedings on P*’s affirmative defenses.
This ruling highlights key procedural requirements in landlord-tenant disputes concerning illegal sublets and nonprimary residence claims under New York’s rent stabilization laws. It underscores the necessity of properly executed predicate notices while reaffirming a tenant’s right to a fair opportunity to respond to eviction claims.
Did she just get notice of a second chance at eviction?
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DECISION