Homeless Person Became Hotel-Stabilized Tenant

Landlord sued to evict SRO hotel tenant. The court ruled for tenant and dismissed the case, finding that tenant was a permanent tenant subject to hotel stabilization under Rent Stabilization Code Section 2520.6(j). Landlord appealed and won; the eviction proceeding was reinstated. Tenant then appealed, and the higher court reversed. Landlord and the city Human Resources Administration (HRA) had a written agreement by which HRA agreed to rent 134 rooms in landlord's hotel to house the homeless at nightly rates. In January 2003, HRA referred tenant to landlord for housing under the agreement. In April 2007, HRA stopped paying tenant's rent, claiming that tenant no longer lived there. Landlord then sued to evict tenant, claiming that he was a licensee. Tenant claimed that he was a hotel-stabilized tenant. The appeals court agreed. The only requirement to be a permanent tenant under rent stabilization is six months or more of continuous residence in the same hotel building. It didn't matter that landlord and tenant didn't have an express or implied landlord-tenant relationship. And, in this case, it didn't matter that tenant moved out during the appeals process because the question presented was of public interest beyond this case.

Branic International Realty v. Pitt: Index No. 570284/10, NYLJ No. 1202596362325 (App. Div. 1 Dept.; 4/16/13; Andrias, JP, Friedman, Acosta, Freedman, Clark, JJ)