In Doe v Roe, David’s client sublet an apartment from a prime tenant who already lived in a stabilized apartment on the same floor. Three years later, the prime tenant sought to evict the client as a mere “licensee” who had no rights. David defended the case on the grounds of “illusory tenancy,” the basis of which was the fact that the prime tenant was effectively operating the apartment as a business and profiting on the rent overcharge. After a three-day trial, the Hon. Sabrina Kraus agreed and dismissed the petition.
As a result of David’s representation, the client is now entitled to a rent-stabilized lease in her own name at the legal – and lower – regulated rent. In addition, she is entitled to recover overcharges, including treble damages from the prime tenant.
