Tenant Not Subject to Rent Stabilization

October 8, 2013

LVT Number: #25062

Landlord sued to evict unregulated tenant for nonpayment of rent. The court ruled for landlord, awarding landlord possession and rent totalling $13,800. Tenant appealed and lost. Tenant claimed that he was rent stabilized. When tenant moved into the apartment in 2002, he was a subtenant. In 2009, he signed an unregulated lease with landlord. Tenant claimed that there was an illusory tenancy while he was a subtenant. But if prior landlord had given tenant a lease in his own name at that time, the lawful rent would have been over $2,000 per month after adding a vacancy increase.

Landlord sued to evict unregulated tenant for nonpayment of rent. The court ruled for landlord, awarding landlord possession and rent totalling $13,800. Tenant appealed and lost. Tenant claimed that he was rent stabilized. When tenant moved into the apartment in 2002, he was a subtenant. In 2009, he signed an unregulated lease with landlord. Tenant claimed that there was an illusory tenancy while he was a subtenant. But if prior landlord had given tenant a lease in his own name at that time, the lawful rent would have been over $2,000 per month after adding a vacancy increase. There was no proof that landlord or prior landlord colluded with prior tenant in an illusory tenancy scheme. Tenant was entitled to only a deregulated lease and wasn't rent stabilized.

126 West 25th Street Realty Co. v. Chea: 40 Misc.3d 141(A), 2013 NY Slip Op 51485(U) (App. T. 1 Dept.; 9/9/13; Shulman, JP, Hunter Jr., Torres, JJ)

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