Apartment Rented for Tenant's Daughter

Facts: Landlord rented a high-rent deregulated apartment to tenant. Tenant lived upstate, and it was understood that he was renting the apartment for occupancy by his daughter. The daughter was a recent college graduate with no credit history. Tenant later claimed a rent overcharge before the DHCR. Tenant's rent was reduced to below the amount required for deregulation, and landlord gave tenant a rent-stabilized renewal lease. Landlord refused to renew further and sued to evict tenant for nonprimary residence. The court ruled for landlord, and tenant appealed. Court: Tenant wins. It was clear from the lease agreement that the real tenant was the daughter, and she was recognized as the true occupant from the beginning. She was the only person who ever lived in the apartment and maintained the apartment as her primary residence. So she is entitled to protection under rent stabilization.

7 W. 87th St., LLC v. Silverberg: NYLJ, 10/14/03, p. 28, col. 3 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)