Tenant Can't Raise Pass-on Issue After Illegal Sublet Case Decided

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for illegally subletting his apartment. The court ruled for landlord. Subtenant then asked the court to set aside its decision. Subtenant had now hired an attorney and claimed pass-on rights. The court ruled against subtenant. Neither tenant nor subtenant raised this issue in answer to landlord's petition. The case was marked off the calendar for eight months for pretrial questioning. Subtenant didn't get an attorney during that time and refused to appear for pretrial questioning, in violation of a court order. Still, the court allowed her to testify at the trial. No claim of pass-on rights was made. Subtenant claimed that she had lived with tenant since 1993 but submitted no proof of this. She also didn't explain what relationship she had to tenant by which she would qualify for pass-on rights.

Panther Properties LLC v. Silkovic: L&T Index No. 91210/02 (Civ. Ct. NY 6/3/03; Bedford, J) [4-pg. doc.]