Husda Realty Corp. v. Padien

OPINION OF THE COURT

Peter Tom, J.

The issue in this case is whether a landlord can recover possession of a rent-stabilized apartment from a tenant for overcharging her undertenant rent even after the undertenant has vacated the premises before the expiration of the notice to cure.

Respondent Padien has been a rent-stabilized tenant of the subject premises since 1980. In or about May 1985 she took in a subtenant, respondent Hill, without permission of the landlord. The undertenant lived in the apartment until September 1986 when she had a disagreement with the prime tenant. As a result of the…