Occupant's Claim of Illusory Tenancy Is Stricken as Insufficient

Rent-stabilized tenant sued to evict apartment occupant as a licensee who, in turn, claimed that tenant was an illusory prime tenant and that she was entitled to be named the unit's rent-stabilized tenant. Occupant had moved into the apartment with her boyfriend, who was tenant's subtenant, in 2014. He later moved out,, and she remained in occupancy. Occupant claimed that tenant had previously rented the unit to other subtenants and that landlord knew about this and failed to register the apartment with the DHCR. Occupant later asked the court to join landlord to the case as a necessary party and to decide the case in her favor without trial. Tenant asked the court to strike occupant's illusory tenancy claim. 

The court denied occupant's request to add landlord as a party to the case. Occupant wanted landlord joined in the case so that the court could order landlord to give her a rent-stabilized renewal lease if she won her illusory tenancy claim. But the housing court had no authority to direct landlord to do so. The court granted tenant's request to strike occupant's illusory tenancy defense. Occupant made only speculative statements about why there was an illusory tenancy based "upon information and belief," including claims of fraud. This was insufficient to establish any proof of occupant's claim.

Groschlaude v. Lawlor: Index No. 308249/2022, 2023 NY Slip Op 23009 (Civ. Ct. NY; 1/12/23; Bacdayan, J)