Illusory Tenancy Claim by Super's Subtenant Dismissed

Landlord sued to evict live-in building superintendent after the super's employment was terminated. The super had no lease and paid no rent to landlord. Landlord and the super signed a settlement agreement in court by which the super agreed to move out. A man claiming to rent the apartment from the super then asked the court to vacate the agreement and judgment of possession for landlord. He claimed illusory tenancy and that he was therefore subject to rent stabilization. The court ruled against subtenant. Landlord proved that the super lived in the apartment until his employment was terminated, and then sublet the apartment after he moved out. Since the super had no landlord-tenant relationship with landlord, the apartment was temporarily exempt from rent stabilization and there was no illusory tenancy.

Treasure Tower Corp. v. Santos: NYLJ, 9/9/10, p. 30, col. 3 (App. T. 1 Dept.; McKeon, PJ, Hunter, J)