Tenant Accepted Illegal Rent from Subtenants

(Decision submitted by Andrew Bittens of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord sued to eject tenant, claiming that he was illegally living in a commercial space. Tenant claimed that since there were more than six residential units in the building, he was rent stabilized. After a trial, the court ruled for landlord. While there were more than six residential units in the loft building, tenant wasn't covered by rent stabilization because he became a nonprimary resident after the case began, advertised the unit for sublet, accepted tens of thousands of dollars in illegal rent from subtenants, didn't pay taxes on that income, and hadn't paid rent to landlord in six years. A court inspection of the building also showed that it clearly was meant for commercial use.

Freiberger v. Wilson: Index No. 18187/98 (Sup. Ct. Kings 10/7/02; Aliotta, J) [5-pg. doc.]