Rent-Stabilized Tenant Can Evict Subtenant

January 13, 2014

LVT Number: #25253

Rent-stabilized tenant sued to evict subtenant. The trial court ruled for tenant. Subtenant appealed and lost. The subtenant claimed, but failed to prove, that she had any independent possessory claim to the apartment. Any rights subtenant had were subordinate to tenant's rights. Subtenant claimed that tenant was no longer the rent-stabilized tenant of the apartment. But, although tenant's last renewal lease had expired, landlord hadn't terminated tenant's lease or tenancy.

Rent-stabilized tenant sued to evict subtenant. The trial court ruled for tenant. Subtenant appealed and lost. The subtenant claimed, but failed to prove, that she had any independent possessory claim to the apartment. Any rights subtenant had were subordinate to tenant's rights. Subtenant claimed that tenant was no longer the rent-stabilized tenant of the apartment. But, although tenant's last renewal lease had expired, landlord hadn't terminated tenant's lease or tenancy.

Fernandez v. Batista: 2013 NY Slip Op 52213(U), 2013 WL 6800899 (App. T. 1 Dept.; 12/24/13; Shulman, JP, Hunter Jr., Torres, JJ)

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