Subtenant Claims Illusory Tenancy

September 30, 1997

LVT Number: 11835

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court. Subtenant answered, however, and claimed illusory tenancy. Subtenant claimed that tenant and other subtenant didn't live in the apartment. Subtenant paid other subtenant $1,400 per month when legal rent was $700. Subtenant had complained to the DHCR of a rent overcharge, and the DHCR had ruled in his favor. Subtenant claimed landlord was aware of the illegal arrangement. Landlord denied any involvement and claimed subtenant's claims were irrelevant.

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court. Subtenant answered, however, and claimed illusory tenancy. Subtenant claimed that tenant and other subtenant didn't live in the apartment. Subtenant paid other subtenant $1,400 per month when legal rent was $700. Subtenant had complained to the DHCR of a rent overcharge, and the DHCR had ruled in his favor. Subtenant claimed landlord was aware of the illegal arrangement. Landlord denied any involvement and claimed subtenant's claims were irrelevant. The court ruled for subtenant, finding that a trial was needed to determine the facts. The court granted subtenant's request to conduct pretrial questioning.

Jerulee Co. v. Ang: NYLJ, p. 26, col. 2 (9/10/97) (Civ. Ct. NY; Duckman, J)

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