Landlord Must Give Renewal Lease to Subtenant

Subtenant complained that landlord didn't offer him a rent-stabilized renewal lease. Subtenant claimed that he moved into the apartment in June 1991 under a legal sublet agreement with landlord's knowledge. Subtenant paid rent directly to landlord all along. When tenant chose not to renew the lease, landlord asked subtenant to move out. Landlord claimed it had no landlord-tenant relationship with subtenant and wasn't required to offer him a renewal lease. The DRA ruled against subtenant, and subtenant appealed. The DHCR ruled for subtenant. Landlord knew that subtenant occupied the apartment and accepted rent checks directly from subtenant for an extended period. So landlord had in effect accepted subtenant as tenant.

Berg: DHCR Adm. Rev. Dckt. No. IF410002RT (8/26/97) [3-page document]