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Acorn Hous. 1 Assoc., L.P. v Davis
2009 NY Slip Op 52612(U) [26 Misc 3d 127(A)]
Decided on December 18, 2009
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 18, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : GOLIA, J.P., PESCE and WESTON, JJ
2008-1718 K C.

Acorn Housing 1 Assoc., L.P., Respondent,

against

Regina Davis, Tenant, -and- HERLECIA OWENS, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (George Michael Heymann, J.), dated September 10, 2008. The order denied a motion by appellant Herlecia Owens to be restored to possession.


ORDERED that the order is affirmed with $10 costs.

Following the execution of a warrant in this nonpayment proceeding, appellant Herlecia Owens moved to be restored to possession of the subject rent-stabilized apartment, which is intended to be rented for occupancy by low-income individuals. In view of the Civil Court's findings on the motion, including its finding that appellant, who is not the tenant of record of the subject rent-stabilized apartment, was illegally subletting the apartment to others for more than twice the stabilized rent, we see no basis to disturb the Civil Court's exercise of discretion not to restore appellant to possession. Accordingly, the Civil Court's order is affirmed.

Golia, J.P., Pesce and Weston, JJ., concur.
Decision Date: December 18, 2009