Sherry House Associates v. Kaye

*730OPINION OF THE COURT

Order entered March 1, 1995 reversed, with $10 costs, the petition is reinstated and the matter is remanded to the Civil Court for further proceedings.

In this holdover proceeding based upon an allegation of illegal subletting, Civil Court erred when it dismissed the proceeding upon the ground that tenants’ original lease did not contain a clause restricting subletting. Housing accommodations regulated under the Rent Stabilization Code may be sublet subject to the limitations of section 226-b of the Real Property Law (Rent Stabilization Code [9 NYCRR] § 2525.6 [a]). That…