Subtenant Can't Intervene in Case

March 1, 2003

LVT Number: 16388

Landlord asked a court for a declaration that tenant's apartment wasn't tenant's primary residence and so tenant wasn't subject to rent stabilization. Subtenant asked for permission to intervene in the case. The court ruled against subtenant. Subtenant appealed and lost. Tenant never lived in the apartment, and the lower court had already ruled that the DHCR should decide what the legal rent was for tenant's apartment. Landlord also had offered subtenant a rent-stabilized lease. So there was no reason for subtenant to intervene in the completed court case.

Landlord asked a court for a declaration that tenant's apartment wasn't tenant's primary residence and so tenant wasn't subject to rent stabilization. Subtenant asked for permission to intervene in the case. The court ruled against subtenant. Subtenant appealed and lost. Tenant never lived in the apartment, and the lower court had already ruled that the DHCR should decide what the legal rent was for tenant's apartment. Landlord also had offered subtenant a rent-stabilized lease. So there was no reason for subtenant to intervene in the completed court case.

390 West End Assocs. v. Zouker: NYLJ, 2/10/03, p. 19, col. 4 (App. Div.1 Dept.; Tom, JP, Saxe, Ellerin, Lerner, Marlow, JJ)

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