Rent-Stabilized Tenant Is Illusory

Rent-stabilized tenant sued to evict apartment occupant. Tenant claimed that occupant was a licensee, but she was in fact a month-to-month subtenant. Tenant lived in a separate rent-stabilized apartment on the same floor. Tenant had sublet the other apartment from former landlord's daughter and got a lease in her own name in 2009. Subtenant claimed illusory tenancy. The court ruled for subtenant after a trial, finding that she was entitled to a rent-stabilized lease. Tenant had previously rented subtenant's apartment to other people while living in the separate apartment. Prior landlord permitted this and didn't properly register the apartments. Tenant never primarily resided in subtenant's apartment and overcharged subtenant. She showed no intent to live in subtenant's apartment in the future. Tenant paid income taxes from a third apartment address in the building. Tenant also was an attorney.

Levine v. McDonnell: 2013 NY Slip Op 23071, 2013 WL 979462 (Civ. Ct. NY; 3/6/13; Kraus, J)