Illusory Tenant Must Be Added to Renewal Lease Offered to Subtenant

Tenant complained that landlord refused to renew his rent-stabilized lease. Landlord claimed that tenant had moved out of the apartment 10 years earlier and that a renewal lease was properly offered to subtenant, who had lived there for over 10 years. Landlord argued that tenant had abandoned the unit, was an illusory tenant, and illegally sublet the apartment. The DRA ruled against landlord, who appealed and lost. Tenant admitted he didn’t live in the apartment since 1998. But he was still the rent-stabilized tenant of record and was entitled to a renewal lease in his name until and unless landlord sent a timely nonrenewal notice. So landlord must add tenant’s name to renewal lease offered to subtenant.

BML Realty Corp.: DHCR Adm. Rev. Docket No. XL410024RO (3/24/10) [2-pg. doc.]