Subtenant Proved Illusory Prime Tenancy

January 1, 2001

LVT Number: 14684

Landlord sued to evict tenant and subtenant for illegal subletting. Subtenant claimed that tenant hadn't lived in the apartment for years, that tenant overcharged him, and that prior landlord knew subtenant lived in the apartment. The court ruled for subtenant and dismissed the case. Landlord appealed and lost. Subtenant showed there had been an illusory prime tenancy. Subtenant had lived in the apartment since 1972 and at some point began paying rent directly to prior landlord at tenant's direction.

Landlord sued to evict tenant and subtenant for illegal subletting. Subtenant claimed that tenant hadn't lived in the apartment for years, that tenant overcharged him, and that prior landlord knew subtenant lived in the apartment. The court ruled for subtenant and dismissed the case. Landlord appealed and lost. Subtenant showed there had been an illusory prime tenancy. Subtenant had lived in the apartment since 1972 and at some point began paying rent directly to prior landlord at tenant's direction.

207 Realty Assocs. LLC v. Hamel: NYLJ, 12/6/00, p. 26, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)

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