Illusory Prime Tenant Can't Evict Subtenant

October 31, 2008

LVT Number: #20799

Rent-stabilized tenant, a nonprofit arts organization, sued to evict its subtenant after 11 years. The court ruled against tenant. Tenant appealed and lost. Tenant never occupied the apartment, but instead rented it to the subtenant for her personal use and as temporary housing for visiting artists. There clearly was an illusory tenancy since tenant didn't occupy the apartment and never intended to. Instead, tenant deprived subtenant of rights she had under the Rent Stabilization Law.

Rent-stabilized tenant, a nonprofit arts organization, sued to evict its subtenant after 11 years. The court ruled against tenant. Tenant appealed and lost. Tenant never occupied the apartment, but instead rented it to the subtenant for her personal use and as temporary housing for visiting artists. There clearly was an illusory tenancy since tenant didn't occupy the apartment and never intended to. Instead, tenant deprived subtenant of rights she had under the Rent Stabilization Law.

Art Omi, Inc. v. Vallejos: NYLJ, 10/17/08, p. 37, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

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