Hotel Unit Monthly Rent Over $350 on 5/31/68

July 31, 1994

LVT Number: 9011

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, arguing that the petition didn't state why the apartment wasn't rent-stabilized. Landlord claimed that tenant's unit was in a hotel, which didn't qualify for rent stabilization coverage because the rent was more than $350 a month on May 31, 1968. Landlord also pointed out that the DHCR had determined the building was a hotel in another proceeding. Landlord wins. The court must defer to the agency's expertise regarding rent stabilization coverage.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, arguing that the petition didn't state why the apartment wasn't rent-stabilized. Landlord claimed that tenant's unit was in a hotel, which didn't qualify for rent stabilization coverage because the rent was more than $350 a month on May 31, 1968. Landlord also pointed out that the DHCR had determined the building was a hotel in another proceeding. Landlord wins. The court must defer to the agency's expertise regarding rent stabilization coverage. But the court found that a trial was required to determine if the rent was over $350 per month on May 31, 1968.

The Benjamin Shapiro Realty Co. v. Henson: NYLJ, p. 23, col. 3 (7/27/94) (Civ. Ct. NY; Kapnick, J)

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