Trial Required

Facts: Subtenant asked the court to approve a settlement agreement and sublease between subtenant and tenant without a trial. The agreement stated that tenant has a lifetime lease for $244 per month on the Park Avenue apartment, and that subtenant could renew his sublet at $5,000 per month until the year 2001 without landlord's consent. Tenant's father had orally given tenant a lifetime lease to the apartment at the nominal rent, and she moved out in 1971, subletting the apartment. Tenant argues that the lifetime lease gives her the right to sublet the apartment at any rent she chooses, without landlord's permission. Landlord asked the court to rule that tenant is an illusory tenant, and that the sublet is illegal. Landlord claimed that the settlement and sublease illegally require subtenant to give up his rights under the Rent Stabilization Code. Also, landlord argued that tenant's father only intended to provide his daughter with an inexpensive place to live---not with a source of income. Court: A trial is required to determine if tenant can sublet the apartment. Even if tenant can do so, she and subtenant can't agree to evade the rent stabilization laws. Also, landlord didn't give up the right to object to future subleases---even though it hadn't objected to the current subtenancy.

Bozzi v. Goldblatt: NYLJ, p. 21, col. 3 (8/19/94) (Sup. Ct.; Davis, J)