Subtenant of Homeless Services Organization Not Subject to Rent Stabilization Protection
LVT Number: #32603
In February 2019 landlord sued to evict unregulated tenant, Services for the Underserved, which was a not-for-profit organization that assisted people at risk for homelessness. Tenant advised the court that it wasn't contesting landlord's holdover petition. But subtenant, who occupied the apartment, appeared by a guardian ad litem and opposed the eviction petition. The subtenant argued that, under Ch. 36, Section 1, Part J of the HSTPA, enacted effective June 14, 2019, she was now entitled to rent stabilization protection by law.
The court ruled against subtenant and ruled that this HSTPA provision became effective prospectively and therefore didn't apply retroactively to proceedings pending at the time it was enacted. In addition, although the subtenant appeared at trial, she waived any defenses to the holdover petition because she didn't raise them at trial or in a post-trial motion.
Anderson Ave. Assoc. LP v. Services for the Underserved: Index No. 570521/22, 2023 NY Slip Op 50474(U), 78 Misc.3d 136(A), 187 NYS3d 461 (App. T. 1 Dept; 5/16/23; Hagler, PJ, Tisch, Michael, JJ)