LRW - Tenant Sublet problem
Memorandum
To:
From:
Date:
Re:
Prof. Rebecca Ingber
Silvia Branca
October 22, 2013
Ruth Woodard - Rent-stabilized apartment in NYC, Eviction Proceeding, occupants/subtenants, right to succeed
QUESTION PRESENTED
1.a Under §235-f of New York Real Property Law, which permits a tenant to reside with an immediate family member and/or one additional occupant, provided the tenant occupies the premises as a primary residence, could Mr. Parker be qualified as an immediate family member or an occupant, considering he is Ms. Woodard’s former foster child and is paying her for the bedroom?
1.b Under §226-b of New York Real Property Law, which requires inter alia the written consent of the landlord in order to sublet, in case Mr. Parker would be considered a subtenant, would Ms. Woodard be subject to evection for illegal sublet provided she did not receive the landlord’s written consent?
2. Under § 2520.6(o)(2) of New York Codes, Rules and Regulations, which (i) qualifies non-traditional family members as those who have an emotional and financial commitment with the tenant and (ii) allows them to succeed to a rent-stabilized tenancy so long as they primarily resided with the tenant in the apartment for at least two years, is
Mr. Parker entitled to succeed as the tenant, provided he was Ms. Woodard’s former foster child and is now residing in the apartment?
SHORT ANSWER
Mr. Woodard should not be evicted since Mr. Parker can be considered as lawfully occupying the premises under RPL §235-f. In the alternative, if Mr. Parker would be considered a subtenant, the eviction proceeding could be invalidated due to the lack of factual information in the notices of termination and petition and in light of Ms. Dillon’s unreasonable denial to sublet.
Mr. Parker would have the right to succeed to Ms. Woodard, provided they both continue living in the rent-stabilized apartment until the end of
To:
From:
Date:
Re:
Prof. Rebecca Ingber
Silvia Branca
October 22, 2013
Ruth Woodard - Rent-stabilized apartment in NYC, Eviction Proceeding, occupants/subtenants, right to succeed
QUESTION PRESENTED
1.a Under §235-f of New York Real Property Law, which permits a tenant to reside with an immediate family member and/or one additional occupant, provided the tenant occupies the premises as a primary residence, could Mr. Parker be qualified as an immediate family member or an occupant, considering he is Ms. Woodard’s former foster child and is paying her for the bedroom?
1.b Under §226-b of New York Real Property Law, which requires inter alia the written consent of the landlord in order to sublet, in case Mr. Parker would be considered a subtenant, would Ms. Woodard be subject to evection for illegal sublet provided she did not receive the landlord’s written consent?
2. Under § 2520.6(o)(2) of New York Codes, Rules and Regulations, which (i) qualifies non-traditional family members as those who have an emotional and financial commitment with the tenant and (ii) allows them to succeed to a rent-stabilized tenancy so long as they primarily resided with the tenant in the apartment for at least two years, is
Mr. Parker entitled to succeed as the tenant, provided he was Ms. Woodard’s former foster child and is now residing in the apartment?
SHORT ANSWER
Mr. Woodard should not be evicted since Mr. Parker can be considered as lawfully occupying the premises under RPL §235-f. In the alternative, if Mr. Parker would be considered a subtenant, the eviction proceeding could be invalidated due to the lack of factual information in the notices of termination and petition and in light of Ms. Dillon’s unreasonable denial to sublet.
Mr. Parker would have the right to succeed to Ms. Woodard, provided they both continue living in the rent-stabilized apartment until the end of