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Posted by nyhawk on August 10, 2000 at 18:29:14:

In Reply to: I've never heard of this before posted by MikeW on August 07, 2000 at 14:39:56:

You are correct that "a LL is under no obligation to give an illegal subtenant a lease after evicting the prime tenant." However, by the subtenant suing the prime tenant in Supreme Court (and claiming an illusory tenancy) BEFORE the landlord sues the prime tenant in Housing Court (claiming an illegal sublet and then being able to evict the prime and subtenant), the subtenant will be able to have to courts declare him or her entitled to tenancy rights to the apartment -- assuming an illusory tenancy situation is established. Thus, the landlord will not be evicting the prime tenant for illegally subletting, but the subtenant will be able to get a court order ousting the prime tenant and forcing the landlord to accept the subtenant as the tenant of the apartment. Landlords stuck in this situation argue unsuccessfully that it is unfair for the courts to force them to accept the subtenant (a stranger after all) as its tenant. But this is how the courts resolve illusory tenancy situations. So a sophisticated person stuck in a "illegal" subtenancy situation should (if provable) take affirmative steps and sue the prime tenant before the landlord sues to evict the prime tenant for illegally subletting. This clever solution to a thorny legal problem may be unknown to some (such as the "educated tenant" who posted below claiming this solution is not workable), but its a little known way for an "illegal" subtenant to become the real tenant of a rent stabilized apartment in NYC. If you don't believe me, go ask an experienced landlord and tenant lawyer.

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Comments:
: You are correct that "a LL is under no obligation to give an illegal subtenant a lease after evicting the prime tenant." However, by the subtenant suing the prime tenant in Supreme Court (and claiming an illusory tenancy) BEFORE the landlord sues the prime tenant in Housing Court (claiming an illegal sublet and then being able to evict the prime and subtenant), the subtenant will be able to have to courts declare him or her entitled to tenancy rights to the apartment -- assuming an illusory tenancy situation is established. Thus, the landlord will not be evicting the prime tenant for illegally subletting, but the subtenant will be able to get a court order ousting the prime tenant and forcing the landlord to accept the subtenant as the tenant of the apartment. Landlords stuck in this situation argue unsuccessfully that it is unfair for the courts to force them to accept the subtenant (a stranger after all) as its tenant. But this is how the courts resolve illusory tenancy situations. So a sophisticated person stuck in a "illegal" subtenancy situation should (if provable) take affirmative steps and sue the prime tenant before the landlord sues to evict the prime tenant for illegally subletting. This clever solution to a thorny legal problem may be unknown to some (such as the "educated tenant" who posted below claiming this solution is not workable), but its a little known way for an "illegal" subtenant to become the real tenant of a rent stabilized apartment in NYC. If you don't believe me, go ask an experienced landlord and tenant lawyer.


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