Hotel-Stabilized Tenant's Roommate Became Permanent Tenant After Tenant Moved Out

Landlord sued to evict hotel-stabilized tenant and his girlfriend/roommate, claiming that tenant didn’t maintain the apartment as his primary residence.  Landlord also claimed that the roommate was a subtenant or occupant with no right to remain. Tenant had moved out of the unit after one year, leaving the roommate as a legal occupant. The court ruled for landlord in part. Tenant didn’t live in the apartment as his primary residence. He had moved to Florida and didn’t intend to return. But tenant’s roommate was a permanent tenant as defined by the Rent Stabilization Code and was entitled to remain. She had remained openly in the unit with landlord’s knowledge. The case against her was dismissed.

222 East 12 Realty LLC v. McNally: Index No. 6764/2016, NYLJ No. 1202772608631 (Civ. Ct. NY; 11/10/16; Stoller, J)