Landlord Must Give Subtenant Rent-Stabilized Renewal Lease

LVT Number: #29886

Subtenant complained to the DHCR that she was entitled to a renewal lease because tenant engaged in an illusory tenancy scheme with landlord. The DRA ruled against subtenant, who appealed and won. Subtenant submitted with her PAR a Housing Court order issued soon after the DRA dismissed her complaint, which found that the tenancy of the prime tenant was illusory. Therefore, the DHCR revoked the prime tenant's lease and ruled that landlord must offer her a rent-stabilized lease.

Subtenant complained to the DHCR that she was entitled to a renewal lease because tenant engaged in an illusory tenancy scheme with landlord. The DRA ruled against subtenant, who appealed and won. Subtenant submitted with her PAR a Housing Court order issued soon after the DRA dismissed her complaint, which found that the tenancy of the prime tenant was illusory. Therefore, the DHCR revoked the prime tenant's lease and ruled that landlord must offer her a rent-stabilized lease.

Nelson: DHCR Adm. Rev. Docket No. GU210030RT (11/14/18) [2-pg. doc.]

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