Loft Subtenant Claims Illusory Tenancy

December 7, 2014

LVT Number: #25839

Loft tenant sued to evict subtenant. The subtenant claimed illusory tenancy and that tenant engaged in unlawful rent profiteering after moving out of the loft. Subtenant also asked the court to delay any determination pending the Loft Board's ruling on whether the building was a covered interim multiple dwelling. The court ruled for tenant without trial. Subtenant appealed and won, in part. The court wouldn't delay the proceeding while the Loft Board application was pending.

Loft tenant sued to evict subtenant. The subtenant claimed illusory tenancy and that tenant engaged in unlawful rent profiteering after moving out of the loft. Subtenant also asked the court to delay any determination pending the Loft Board's ruling on whether the building was a covered interim multiple dwelling. The court ruled for tenant without trial. Subtenant appealed and won, in part. The court wouldn't delay the proceeding while the Loft Board application was pending. But there were questions of fact requiring a trial on whether there was an illusory tenancy, including whether landlord had knowledge of the subleasing arrangement.

Salaway v. Bosquez: 45 Misc.3d 130(A), 2014 NY Slip Op 51571(U) (App. T. 1 Dept.; 11/3/14; Schoenfeld, JP, Shulman, Ling-Cohan, JJ)

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