Occupant Assigned Apartment by Nonprofit Couldn't Claim Rent-Stabilized Status

LVT Number: #29980

Subtenant sued rent-stabilized tenant and landlord, and asked the court to stop tenant from evicting subtenant. The court ruled against subtenant, who appealed and lost. Tenant was a not-for-profit organization that entered into agreements with government agencies to lease apartments from private landlords using government funding, and provided housing stipends for its clients. Tenant had signed a rent-stabilized lease for an apartment in landlord's building. Landlord later refused to renew tenant's lease.

Subtenant sued rent-stabilized tenant and landlord, and asked the court to stop tenant from evicting subtenant. The court ruled against subtenant, who appealed and lost. Tenant was a not-for-profit organization that entered into agreements with government agencies to lease apartments from private landlords using government funding, and provided housing stipends for its clients. Tenant had signed a rent-stabilized lease for an apartment in landlord's building. Landlord later refused to renew tenant's lease. Tenant offered subtenant a chance to relocate under the housing program but subtenant refused. Subtenant was then discharged from the program, with a right to be reinstated upon compliance with the program's minimal requirements. The court ruled for tenant.

Subtenant appealed and lost. Tenant showed that subtenant had no established rights to the apartment. The lease between tenant and landlord didn't name subtenant or specify that she, or any particular individual or group of individuals was intended to live in the apartment. 

Nappi v. Community Access, Inc.: Index No. 8439/8439A, 2019 NY Slip Op 01185 (App. Div. 1 Dept.; 2/19/19; Richter, JP, Manzanet-Daniels, Kapnick, Gesmer, Oing, JJ)