Subtenant Didn't Prove Rent-Stabilized Tenant Was Illusory Prime Tenant

Subtenant complained that rent-stabilized tenant was an illusory prime tenant and that subtenant was entitled to a rent-stabilized lease. The DRA ruled against subtenant, who appealed and lost. The subtenant moved into the apartment in 2012. Since then, tenant maintained contact with the apartment. She received mail there, had furniture and other belongings there, signed renewal leases and paid rent directly to landlord, dealt directly with landlord for service and repair issues, and visited the apartment from time to time. There was also no proof that tenant engaged in illegal profiteering or otherwise violated the rent laws. The subtenant never asked landlord for a lease, and there was no proof that landlord knew about the sublet or agreed to it.

Anderson: DHCR Adm. Rev. Docket No. FS210043RT (4/20/18) [4-pg. doc.]