St Nick's Alliance, LLC v. Cordero, 2024 NY Slip Op 24089 (2024)

Citation: St Nick's Alliance, LLC v. Cordero, 2024 NY Slip Op 24089 (2024)
Parent Document: St Nick's Alliance, LLC v. Cordero, 2024 NY Slip Op 24089 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-03-20
Original Source: https://www.courtlistener.com/opinion/9486704/st-nicks-alliance-llc-v-cordero/ ↗

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Respondent argues that by the plain language of the amendments, "apartments rented by nonprofit organizations and sub-leased to individuals who receive their services are not exempt from rent stabilization and 'affiliated subtenants authorized to use such accommodations by such not-for-profit shall be deemed to be tenants (emphasis added).'" (NYSCEF Doc No. 20, respondent's attorney's affirmation ¶ 31 [internal citation omitted].) However, the court finds Morales was a "tenant" in name only pursuant to Part J of the HSTPA. Respondent's argument that Morales is a rent-stabilized tenant to whose tenancy he is entitled to succeed as a nontraditional family member is erroneous and even more attenuated than the argument made by the "tenants" in Sapp.[FN5]
Even if Morales were not an "authorized licensee" but a subtenant, respondent is not entitled to rent-stabilized succession rights. At best, Morales, who was not authorized pursuant to Morales' admissions agreement, was a subtenant, and, even then, the ultimate result herein does not change. Respondent's defense of succession to a mere licensee is [*5]a nonstarter. Therefore, respondent's motion is denied.[FN6]

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