Subtenant Becomes Rent-Stabilized Tenant Based on Illusory Tenancy

November 27, 2018

LVT Number: #29782

Subtenant sued landlord, claiming that he was rent stabilized and that landlord overcharged him. He claimed that the apartment had an illusory prime tenant. The court ruled for tenant, finding that he was the apartment's rent-stabilized tenant and entitled to a lease. Landlord appealed and lost. Tenant showed that DHCR rent registrations filed by landlord reflected that various relatives of landlord's principal were tenants of apartments actually occupied by other people.

Subtenant sued landlord, claiming that he was rent stabilized and that landlord overcharged him. He claimed that the apartment had an illusory prime tenant. The court ruled for tenant, finding that he was the apartment's rent-stabilized tenant and entitled to a lease. Landlord appealed and lost. Tenant showed that DHCR rent registrations filed by landlord reflected that various relatives of landlord's principal were tenants of apartments actually occupied by other people. Landlord submitted no leases to the court for tenants shown on rent registrations, ledgers, or similar documents. Landlord's claim that the son of landlord's principal was the prime tenant of the apartment wasn't supported by any proof. 

Meyer v. 224 Lafayette St. Corp.: 2018 NY Slip Op 07259 (App Div. 1 Dept.; 10/30/18; Sweeny, JP, Mazzarelli, Kahn, Oing, Singh, JJ)

Topics

More like this