Subtenant's Claim Against Landlord Denied

Rent-stabilized tenant sued to evict subtenant after subtenant's sublease expired. Subtenant claimed illusory tenancy and a rent overcharge against tenant and landlord. The court found that tenant had overcharged subtenant, but otherwise ruled against subtenant. Subtenant appealed and lost. There was no illusory tenancy, because tenant lived in the apartment before he sublet it and intended to return. There was no landlord-tenant relationship between subtenant and landlord, and landlord didn't collect rent from subtenant. So subtenant had no overcharge claim against landlord. Also, subtenant couldn't claim that the rent landlord charged tenant was illegal, because no rent overcharge claim was made within four years of the date that tenant's first rent was set.

Wong v. Kulik: NYLJ, 11/3/00, p. 26, col. 2 (App. T.1 Dept.; McCooe, PJ, Davis, Gangel-Jacob, JJ)