Subtenant Can't Contest Landlord's Nonrenewal Notice

September 30, 2011

LVT Number: #23673

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant didn't appear in court, but his subtenant appeared and asked the court to dismiss the case. He claimed that landlord's combined termination and nonrenewal notice was improper. The court ruled for subtenant and dismissed the case. Landlord appealed and won. The Rent Stabilization Code requires delivery of these notices only to tenant. Landlord wasn't required to give copies to any licensee, subtenant, or occupant. Subtenant had no standing to challenge landlord's notices. The case was reopened.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant didn't appear in court, but his subtenant appeared and asked the court to dismiss the case. He claimed that landlord's combined termination and nonrenewal notice was improper. The court ruled for subtenant and dismissed the case. Landlord appealed and won. The Rent Stabilization Code requires delivery of these notices only to tenant. Landlord wasn't required to give copies to any licensee, subtenant, or occupant. Subtenant had no standing to challenge landlord's notices. The case was reopened.

West End Associates v. McGlone: 32 Misc.3d 145(A), 2011 NY Slip Op 51732(U) (App. T. 1 Dept.; 9/23/11; Torres, JP, Shulman, Hunter Jr., JJ)

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