Hotel Unit Exempt

February 1, 2002

LVT Number: 15613

Landlord sued to evict hotel tenant for nonpayment of rent. Tenant claimed that he was rent stabilized and that he was being overcharged. The court ruled against tenant. Tenant appealed and lost. In a prior nonpayment case, landlord had proved that the rent for tenant's hotel room was more than $350 per month on May 1, 1968. So the room was exempt from rent stabilization. Tenant never appealed the prior court ruling and couldn't attack the prior ruling by making the same argument in the new case.

Landlord sued to evict hotel tenant for nonpayment of rent. Tenant claimed that he was rent stabilized and that he was being overcharged. The court ruled against tenant. Tenant appealed and lost. In a prior nonpayment case, landlord had proved that the rent for tenant's hotel room was more than $350 per month on May 1, 1968. So the room was exempt from rent stabilization. Tenant never appealed the prior court ruling and couldn't attack the prior ruling by making the same argument in the new case.

Chelsea 23rd St. Corp. v. Moss: NYLJ, 1/4/02, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

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