Subtenants Can't Become Tenants

January 1, 1994

LVT Number: 8485

Subtenants sued landlord and tenant, claiming that they should be declared tenants of a rent-stabilized apartment. The trial court ruled against subtenants, and they appealed. The appeals court again ruled against subtenants. Although tenant had sublet the apartment many years earlier, there was no proof that landlord had ever waived its right to contest subtenants' occupancy or recognized subtenants as tenants. Subtenants raised the issue of illusory prime tenancy for the first time in their appeal, so the court didn't consider this argument.

Subtenants sued landlord and tenant, claiming that they should be declared tenants of a rent-stabilized apartment. The trial court ruled against subtenants, and they appealed. The appeals court again ruled against subtenants. Although tenant had sublet the apartment many years earlier, there was no proof that landlord had ever waived its right to contest subtenants' occupancy or recognized subtenants as tenants. Subtenants raised the issue of illusory prime tenancy for the first time in their appeal, so the court didn't consider this argument.

Levy v. Carol Mgt. Corp.: NYLJ, p. 28, col. 3 (12/20/93) (App. Div. 1 Dept.; Wallach, JP, Kupferman, Ross, Kassal, Nardelli, JJ)

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