Hersil Realty Mgt. Co. v. Hansen

1 Misc. 2d 65, 146 N.Y.S.2d 437, 1955 N.Y. Misc. LEXIS 3907

Opinion

Per Curiam.

This proceeding to evict the tenant as a holdover upon the ground that she was violating a substantial obligation of the lease because the apartment in question was occupied by her common-law husband and a young child born of their relationship was instituted after the Rent Commission had reduced the rent reserved in the lease from $60 to $32.20, the maximum fixed basic rental. The lease restricted the occu pancy to the tenant and an adult son. The fact that the common-law husband and the other child also lived there does not constitute a substantial violation of the restrictive clause. There was no proof of any subletting to any outside boarders or lodgers.

The final order should be reversed, with $30 costs, and petition dismissed, with costs.

Eder, Schreiber and Hecht, JJ., concur.

Final order reversed, etc.