In 220 W. 93rd St. LLC v. Stavrolakes (2006 WL 4758817 [Sup Ct, NY County 2006] [trial order], affd 33 AD3d 491, 823 NYS2d 44 [1st Dept 2006], lv denied 8 NY3d 813, 868 NE2d 236, 836 NYS2d 553 [2007]), the landlord sought to evict a rent-controlled tenant who occupied a four bedroom, three bathroom apartment.

Justice Solomon declared that "defendant has violated her obligations as a rent controlled tenant under the New York Rent Control Law and the New York City Rent and Eviction Regulations by commercializing and profiteering from her right to occupy her apartment . . . , in the later part of the period January 2001 to date Apr. 7, 2006, based upon the testimony and exhibits, that such conduct is an incurable violation of her obligations as a rent controlled tenant, that the individuals who resided in the apartment were subtenants, and that the tenancy is terminated."

On appeal, the First Department held: "the occupancy . . . by numerous persons between 2001 and 2005--especially short-term transient students at illegal rents--was in the nature of subletting rather than taking in roommates, and constituted profiteering and commercialization of the premises, an in-curable violation of the rent control laws." (33 AD3d at 491.)