No Illusory Tenancy

July 31, 2001

LVT Number: 15194

Rent-stabilized tenant sued to evict subtenant from a portion of his apartment. Subtenant claimed that an illusory tenancy existed. The court ruled against subtenant. He appealed and lost. The southern portion of the apartment occupied by subtenant was separated from tenant's portion by a removable wall. Each side had a separate bathroom and kitchen. Tenant didn't overcharge subtenant, and landlord didn't profit from the sublet. Also, the apartment was registered as one unit with the DHCR. So there could be no claim of illusory tenancy. Tenant merely sublet a portion of his apartment.

Rent-stabilized tenant sued to evict subtenant from a portion of his apartment. Subtenant claimed that an illusory tenancy existed. The court ruled against subtenant. He appealed and lost. The southern portion of the apartment occupied by subtenant was separated from tenant's portion by a removable wall. Each side had a separate bathroom and kitchen. Tenant didn't overcharge subtenant, and landlord didn't profit from the sublet. Also, the apartment was registered as one unit with the DHCR. So there could be no claim of illusory tenancy. Tenant merely sublet a portion of his apartment.

Raphael v. Owens: NYLJ, 7/18/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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