Subtenant Claims Illusory Prime Tenancy

March 1, 2004

LVT Number: 17169

Landlord sued to evict loft tenant for nonprimary residence. Subtenant asked the court for permission to conduct pretrial questioning of landlord and tenant. He claimed that tenant overcharged him and that landlord knew tenant hadn't lived in the loft for 14 years. Landlord claimed that loft subtenant couldn't claim illusory tenancy and asked the court to dismiss the case without a trial. The court ruled against landlord. The illusory tenancy provisions of the Rent Stabilization Law and Code applied to units covered by the Loft Law.

Landlord sued to evict loft tenant for nonprimary residence. Subtenant asked the court for permission to conduct pretrial questioning of landlord and tenant. He claimed that tenant overcharged him and that landlord knew tenant hadn't lived in the loft for 14 years. Landlord claimed that loft subtenant couldn't claim illusory tenancy and asked the court to dismiss the case without a trial. The court ruled against landlord. The illusory tenancy provisions of the Rent Stabilization Law and Code applied to units covered by the Loft Law. Subtenant could raise this defense and question landlord and tenant before the trial.

545 Eighth Ave. Assocs. LP v. Shanaman: NYLJ, 2/4/04, p. 21, col. 3 (Civ. Ct. NY; Schneider, J)

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