Sourian v. de Menars

OPINION OF THE COURT

David B. Saxe, J.

May the illegal subletting of rent control premises be considered a nuisance under section 52 of the New York City Rent and Eviction Regulations? If so, a summary holdover proceeding may be maintained without first requiring the landlord to serve a notice to cure upon the tenant.

The facts are these: the respondent, Mons. Bernard Alexis Poisson de Menars, is a rent-controlled tenant of apartment IF at 30 East 70th Street in Manhattan. He is alleged to have illegally sublet his apartment to one Beth Albert. In turn, Mons. Bernard Alexis Poisson de Menars…