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Posted by New York Tenant on August 11, 2001 at 14:33:39:

In Reply to: court next week - please advise posted by nytenant on August 10, 2001 at 14:14:25:

Were you served with the Notice of Petition and Petition in the case? Did the landlord name you as a subtenant in the caption of the case? Is it a holdover or non-payment proceeding? What is the naure of the motion the landlord is bringing?

The landlord can't get a money judgment for rent in housing court against a subtenant or a roommate, because there is no privity of contract between a landlord and a subtenant or a roommate. From that perspective, you have little to risk by not going to court.

The landlord probably wants you to testify against the tenant, to prove that it was a sublet situation, and not a roommate situation. If the landlord is able to prove a subletting without its permission, the most the tenant could have legally charged you was legal regulated rent, and you would be entitled to treble damages from the tenant. But housing court probably isn't the best -- or even proper -- venue for you to bring a cross claim against the tenant.
 

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Comments:
: Were you served with the Notice of Petition and Petition in the case?  Did the landlord name you as a subtenant in the caption of the case?  Is it a holdover or non-payment proceeding?  What is the naure of the motion the landlord is bringing? 
:  
: The landlord can't get a money judgment for rent in housing court against a subtenant or a roommate, because there is no privity of contract between a landlord and a subtenant or a roommate.  From that perspective, you have little to risk by not going to court.  

: The landlord probably wants you to testify against the tenant, to prove that it was a sublet situation, and not a roommate situation.  If the landlord is able to prove a subletting without its permission, the most the tenant could have legally charged you was legal regulated rent, and you would be entitled to treble damages from the tenant.  But housing court probably isn't the best -- or even proper -- venue for you to bring a cross claim against the tenant.  
:  


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