Landlord Can Evict Hotel-Stabilized SRO Tenants

December 1, 2008

LVT Number: #20870

Landlord sued to evict tenants for violating the occupancy limits of a hotel-stabilized room. In court, landlord presented a copy of a Fire Department violation order, showing that tenants violated a substantial obligation of their tenancy by having at least three adults living in their 168-square-foot SRO unit. The court ruled against landlord. Landlord appealed and won. Tenants presented no proof to contradict landlord's claim and no support for one tenant's defense that landlord must provide reasonable accommodation under fair housing and antidiscrimination laws.

Landlord sued to evict tenants for violating the occupancy limits of a hotel-stabilized room. In court, landlord presented a copy of a Fire Department violation order, showing that tenants violated a substantial obligation of their tenancy by having at least three adults living in their 168-square-foot SRO unit. The court ruled against landlord. Landlord appealed and won. Tenants presented no proof to contradict landlord's claim and no support for one tenant's defense that landlord must provide reasonable accommodation under fair housing and antidiscrimination laws.

Midway Hotel, Inc. v. Forestal: NYLJ, 11/18/08, p. 33, col. 1 (App. T. 1 Dept.; Davis, JP, Schoenfeld, Heitler, JJ)

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