Trial Needed on Illusory Tenancy Question

Landlord sued to evict an apartment occupant as a licensee who remained in the apartment after rent-stabilized tenant moved out. The occupant asked the court to dismiss the case. She claimed that she was a subtenant entitled to remain because tenant was illusory. The court ruled that a trial was needed to determine the facts. Although landlord accepted rent directly from the occupant, there wasn't necessarily a waiver of landlord's right to object to her occupancy in this case. The occupant admitted that she signed three renewal leases sent to tenant by landlord. So there was a question as to whether the occupant misled landlord into believing that tenant still lived in the apartment. It also was unclear whether the occupant actually was a subtenant, or was instead tenant's roommate.

23 Manhattan Valley North, LLC v. Bass: NYLJ, 8/30/10, p. 18, col. 6 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, J)