BLF Realty Holding Corp. v. Kasher

In BLF Realty Holding Corp. v. Kasher, 299 A.D.2d 87,(1st Dep't 2002), a tenant of a loft unit leased two-thirds of the unit to a subtenant and charged the subtenant almost 300% above the legal regulated rent. Loft Board Regulation 2-09(c)(4)(ii)(A), like Rent Stabilization Code 2525.6(b), provides that the subtenant's rent may not exceed the legal rent, plus a 10% surcharge for a fully furnished unit. However, unlike the Rent Stabilization Code, the Loft Board Regulations do not provide that a tenant may be evicted for overcharging a subtenant. Applying the doctrine of pari materia, the court held that because the Rent Stabilization Law and Loft Law "speak on the same matter or subject", have the same goals, and loft units ultimately are meant to come under the Rent Stabilization Law, the right to evict a tenant for overcharging a subtenant pursuant to the Rent Stabilization Law should be read into the Loft Law. Accordingly, the court granted summary judgment, finding that the landlord could evict the loft tenant for overcharging the subtenant.