Condor Funding, LLC v Miles

[*1] Condor Funding, LLC v Miles 2007 NY Slip Op 50999(U) [15 Misc 3d 140(A)] Decided on May 16, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 16, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, DAVIS, JJ
570328/06.

Condor Funding, LLC, Petitioner-Landlord-Appellant, - -

against

Ginger Miles, Respondent-Tenant-Respondent, - and - Pamela McGirr, Raja "Doe", Dennis Marks, "John Doe" and "Jane Doe", Respondents-Undertenants.

Landlord appeals from an order of the Civil Court, New York County (Maria Milin, J.), entered April 7, 2006, which granted tenant's motion for summary judgment dismissing the petition and denied landlord's cross motion for summary judgment.

PER CURIAM:

Order (Maria Milin, J.), entered April 7, 2006,
affirmed, with $10 costs.

In this holdover summary proceeding based upon an alleged illegal sublet, the record establishes that tenant complied with the requisites of Real Property Law § 226-b (2)(b) in requesting to sublease the stabilized apartment for 11 months while she took a temporary college-level teaching job in Texas. Landlord arbitrarily and improperly refused to consent to the sublease since it raised no objection to the proposed subtenant and its stated skepticism that tenant might be primarily residing in Texas was purely speculative. Tenant satisfactorily explained her intent to temporarily relocate to gain university teaching experience to augment her income. At the time of her sublease request, tenant had resided in the former loft premises for 25 years and had regularly filed New York State income tax returns listing the premises as her address. Under such circumstances, landlord unreasonably withheld consent in derogation of the [*2]remedial purpose of the statute to permit sublets of unused apartments during a time of housing shortage (see H.S. Realty Assocs., Inc. v. Meade-Harvey, 2003 NY Slip Op 50896[U][App Term, 1st Dept]; Meckenberg v. Gabbriellini, 188 Misc 2d 720, 721 [2001]).
Nor is a triable issue raised by landlord's unsupported allegations of rent profiteering.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 16, 2007