Sapp v. Clark Wilson, Inc., 2022 NY Slip Op 04184 (2022)

Citation: Sapp v. Clark Wilson, Inc., 2022 NY Slip Op 04184 (2022)
Parent Document: Sapp v. Clark Wilson, Inc., 2022 NY Slip Op 04184 (2022)
Jurisdiction: New York (state)
Effective Date: 2022-06-29
Original Source: https://www.courtlistener.com/opinion/6620002/sapp-v-clark-wilson-inc/ ↗

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The appellants' theory is that the leasing of units to both CAMBA and We Always was a scheme to deprive the appellants of the benefits of Rent Stabilization Law. As explained above, this theory is untenable because the leases to CAMBA and We Always were made to comply with the Cluster Transitional Residence Program, and finding that the owners were related to one of these two tenants does not change that fact. Under the appellants' logic, the owners should not have allowed any apartments to be leased to We Always or CAMBA because doing so created an illusory tenancy. Such refusal would have left DHS without the transitional housing that it needed to fulfill its mandate of providing housing to homeless families. Even if the Cluster Transitional Residence Program, which was eventually ended by the City, was problematic, this does not make the tenancies created in conformance therewith unlawful.

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