Landlord-Tenant—Rent Stabilization—Holdover Proceeding Dismissed—Notice of Termination Defective—Making Profit From Subtenant or Roommate—Roommate Law (RPL §235-f) Does Not Vest A Landlord With a Cause of Action

The plaintiff had commenced a holdover summary proceeding against a rent-stabilized tenant, after terminating the tenancy pursuant to a 10-day notice (notice). The tenant moved for summary judgment, alleging that “the petition fails to state a cause of action and/or that the [notice] is fatally insufficient to serve as a predicate for the underlying proceeding.” The landlord opposed the tenant’s motion and cross moved for discovery. The notice provided, in pertinent part, that the tenant was violating the Rent Stabilization Code (RSC) because:

it has come to the Landlord’s attention that your apartment is occupied by individual(s) other than those set forth in your lease agreement. The Landlord finds that you are in violation of Section 235-f(s) of the Real Property Law, which requires that “the tenant inform the landlord of the name of any occupant within thirty days following the commencement of occupancy by such person or within thirty days following a request by the landlord”…you have refused to provide the names of such individuals, in violation of Section 235-f(5) of the Real Property Law.

….Moreover, upon information and belief, you are renting out rooms in the (sic) subject apartment and collecting rents from persons occupying the rented portions of your apartment. Based upon information and belief, your rental of rooms in the subject premises results in the aggregate total of said rental income collected by you from your sub-tenants represents more than the proportionate share of the space being rented by said sub-tenants. This conduct constitutes profiteering and is in violation of Section 2525.6(b) of the [RSC] for rent stabilized apartments in New York City….”