Legal Question in Civil Litigation in New York

Can I go to housing Court in NYC to evict a roomate in an illegal sublet?

I'm rent out rooms in my apartment in Manhattan. I have a roomate that technicaly endangered a child. I would like him to be removed but this is an illegal sublet and I don't have to right to kick him out. If I take this case to court will my illegal sublet be exposed and I'll be evicted? Will the Judge thow out my case? Will the court alert my landlord of an illegal sublet? If the roomate retaleates and alerts my landlord, can the landlord immedately evict me?


Asked on 9/26/11, 5:09 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Q. Can I go to housing Court in NYC to evict a roomate in an illegal sublet?

A. The general answer is yes.

The court will not uphold illegal agreements. However, the court has equitable jurisdiction to evict a tenant even if the tenant is occupying the apartment illegally. The Judge will not throw out your case.

Q. If I take this case to court will my illegal sublet be exposed and I'll be evicted?

A. Maybe. The Judge would have the right to refer the matter to NYC HBD. This is especially true if the Judge deems the rentals danagerous to the occupants of the apartment. As a result, your landlord may receive a summons for a violation.

Q. If the roomate retaleates and alerts my landlord, can the landlord immedately evict me?

A. Yes, after notice is given.

Mike.

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Answered on 9/27/11, 5:31 am


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