Prime Tenant Not Illusory

Subtenant complained that landlord wouldn't give him a lease in his own name. He claimed that tenant was illusory. The DRA ruled against subtenant. He appealed and lost. Subtenant moved into the apartment in 1992 based on an oral agreement with tenant. Subtenant paid rent to tenant, not to landlord, and tenant didn't overcharge subtenant. So tenant wasn't subleasing the apartment for profit. Also, landlord didn't know who subtenant was and had sought to evict tenant for nonprimary residence. Tenant kept some of his belongings in the apartment and used call forwarding to hide his absence from the apartment from landlord. So there was no showing of collusion between landlord and tenant.

Centoni: DHCR Adm. Rev. Dckt. No. RI410002RK (10/20/03) [3-pg. doc.]