Aguilar v. Rabin

OPINION OF THE COURT

Edward H. Lehner, J.

The issue raised here is whether a sublessor of loft space in an interim multiple dwelling (IMD) can evict her sublessee because the space occupied by the sublessee is less than 1,200 square feet and the Zoning Resolution requires a minimum of such area where there is more than one unit on a floor.

Petitioner had leased the full third floor at 29 West 26th Street. In December, 1980, she subleased the northern portion of the floor to respondent under an oral arrangement under which respondent agreed to pay $375 per month plus one half of the charges for…