Landlord Can Sue Tenant for Rent

February 1, 1997

LVT Number: 11233

Landlord sued to evict tenant for nonpayment of rent. Landlord's petition stated that the unit was hotel-stabilized. Tenant claimed that this was wrong and that landlord's petition therefore was defective. The court ruled for tenant and dismissed the petition. Landlord appealed and won, and the court reopened the case. A prior court ruling determined that the building was subject to hotel stabilization. Landlord had the option to apply to the DHCR for reclassification as an apartment building but hadn't done so.

Landlord sued to evict tenant for nonpayment of rent. Landlord's petition stated that the unit was hotel-stabilized. Tenant claimed that this was wrong and that landlord's petition therefore was defective. The court ruled for tenant and dismissed the petition. Landlord appealed and won, and the court reopened the case. A prior court ruling determined that the building was subject to hotel stabilization. Landlord had the option to apply to the DHCR for reclassification as an apartment building but hadn't done so. Just because tenant had a rent-stabilized lease didn't negate tenant's duty to pay rent or bar landlord from suing for nonpayment. If the rent demanded by landlord wasn't the lawful hotel stabilized rent, landlord could claim a rent overcharge as a defense.

Partnership 76, L.P. v. Sooknan: NYLJ, p. 25, col. 2 (1/28/97) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)

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