Lease Rescinded Based on Tenant's Fraud

(Decision submitted by new landlord Skyjam Holding LLC.)

Tenant sued landlord, claiming that he was rent stabilized even though he had an unregulated lease. In a prior decision, the court ruled for tenant but permitted landlord to amend its answer in order to seek rescission of the lease. Landlord claimed that, when tenant rented the large apartment, he lied to landlord about his employment, income, and family status. Tenant used the apartment as a bed and breakfast, renting rooms at excessive rents. After new landlord bought the building, it was allowed to join in the case. The court then ruled for landlord and rescinded the lease based on tenant's fraud.

Garcia v. D. Camilleri, LLC: Index No. 116368/09 (Sup. Ct. NY; 2/27/13; York, J) [2-pg. doc.]