Unauthorized Occupant Can't Get SRO Unit

Landlord sued to evict rent-stabilized SRO tenant and unauthorized occupant for illegal subletting. Tenant failed to appear in court. Subtenant claimed that he was now a permanent SRO tenant entitled to remain under rent stabilization. Landlord asked the court to deny the subtenant's claim without a trial. The court ruled against landlord, who appealed and won. Landlord showed that tenant had moved out and that subtenant had paid a substantial amount of money to tenant for the apartment without landlord's permission or knowledge. Subtenant also either paid rent directly to former tenant or paid rent in cash to landlord using tenant's name. There was no proof of any express or implied landlord-tenant relationship between landlord and subtenant. Landlord could evict subtenant.

1234 Broadway LLC v. Chen: 32 Misc.3d 142(A), 2011 NY Slip Op 51657(U) (App. T. 1 Dept.; 9/9/11; Torres, JP, Shulman, Hunter Jr., JJ)