Illegal Subtenant Can't Buy Mitchell-Lama Apartment

Subtenant sued Mitchell-Lama co-op apartment tenant of Trump Village. Subtenant claimed that he should be permitted to buy the apartment because tenant illegally sublet the apartment to him for 10 years while tenant lived in Staten Island. Subtenant's action came in response to landlord's notice to cure, demanding that tenant evict subtenant. Subtenant claimed that tenant shouldn't be allowed to evict him. The court ruled against subtenant without a trial. There was no lease or other agreement between tenant and subtenant, who rented the apartment on a month-to-month basis and paid cash. And although subtenant claimed that he'd been victimized by tenant, he had to find a new apartment to rent. Subtenant and tenant together had cheated the Mitchell-Lama program.

Gorelik v. Sobol: NYLJ, 8/27/08, p. 28, col. 1 (Sup. Ct. Kings; Schack, J)