Apartment Occupant Fails to Prove Illusory Tenancy

LVT Number: #33395

An apartment occupant filed a lease violation complaint with the DHCR, claiming that the tenant of record was an illusory tenant and that landlord should be directed to offer her a rent-stabilized lease instead. The DRA dismissed the complaint, finding no proof that the tenant of record was illusory. The occupant appealed and lost. The apartment was operated under a Regulatory Agreement between landlord and NYC HDC for low-income housing. Illusory tenancy would be a violation of the Regulatory Agreement.

An apartment occupant filed a lease violation complaint with the DHCR, claiming that the tenant of record was an illusory tenant and that landlord should be directed to offer her a rent-stabilized lease instead. The DRA dismissed the complaint, finding no proof that the tenant of record was illusory. The occupant appealed and lost. The apartment was operated under a Regulatory Agreement between landlord and NYC HDC for low-income housing. Illusory tenancy would be a violation of the Regulatory Agreement. Landlord had in fact commenced an eviction proceeding against the tenant for illegally subletting to someone else for a number of years who had impersonated the tenant. The complaining occupant was merely the illegal subtenant's girlfriend/roommate.

Shum: DHCR Adm. Rev. Docket No. MP410018RT (9/30/24)[3-pg. document]

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