Subtenant Claiming Illusory Tenancy Can't Complain She Never Got Renewal Lease

Tenant complained to the DHCR that landlord had never given her a lease. The DRA denied tenant’s complaint because there was no initial vacancy or prior renewal lease in tenant’s name. Tenant appealed and lost. Tenant claimed that she was entitled to a rent-stabilized lease because she was a subtenant and that this was an illusory tenancy. But Rent Stabilization Code Section 2523.5 doesn’t contain any provision for relief for someone who has never had a vacancy or prior renewal lease issued in his or her name. That provision only requires that a renewal lease must be offered to the tenant named in the expiring lease or to a succeeding family member of the tenant of record. 

Riggin: DHCR Adm. Rev. Docket No. DX410032RT (9/20/16) [4-pg. doc.]