Hotel Apartment Occupant Is Entitled to Rent-Stabilized Lease

Landlord sued to evict hotel apartment occupant. Landlord claimed that either occupant didn't live there as his primary residence or that tenant illegally sublet to occupant. Occupant claimed that he was permanent tenant entitled to a rent-stabilized lease. He moved into the apartment in 1996. Tenant had moved out in 1994 and signed a settlement agreement in court with prior landlord documenting this. And prior landlord knew that occupant lived in the apartment. The court ruled for occupant. Under the Rent Stabilization Code, hotel occupant was a permanent tenant because he had lived there continuously for at least six months. Landlord showed no proof of nonprimary residence. Occupant was entitled to a rent-stabilized lease.

204 W. 73rd St. LLC v. Hess: NYLJ, 3/17/04, p. 20, col. 1 (Civ. Ct. NY; Fiorella, J)