Landlord Not Liable for Overcharge to Subtenant

April 30, 1995

LVT Number: 9690

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court. Subtenant appeared and claimed an illusory tenancy and rent overcharge. The trial court dismissed landlord's petition for procedural reasons and landlord appealed. The appeals court reopened the case and ruled for landlord. Subtenant had by this time moved out. And subtenant paid rent under a sublease directly to tenant, not to the landlord. Any overcharge claim must be pursued directly against tenant. The rent landlord charged tenant was the lawful stabilized rent.

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court. Subtenant appeared and claimed an illusory tenancy and rent overcharge. The trial court dismissed landlord's petition for procedural reasons and landlord appealed. The appeals court reopened the case and ruled for landlord. Subtenant had by this time moved out. And subtenant paid rent under a sublease directly to tenant, not to the landlord. Any overcharge claim must be pursued directly against tenant. The rent landlord charged tenant was the lawful stabilized rent.

777 West End Avenue Associates v. Tennenbaum: NYLJ, p. 25, col. 2 (4/25/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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