Landlord Can't Evict Hotel Tenant

Landlord sued to evict residential hotel tenant after sending tenant a 30-day termination notice. Landlord claimed that tenant's room wasn't rent stabilized because the rent charged on May 1, 1968, was more than $350 per month, or $88 per week. The court ruled for landlord. Tenant appealed and won. At the trial, landlord presented no rent records or other proof of the rent that was charged on May 31, 1968. Landlord's managing director had worked at the hotel since 1962, but he had no real recollection of how much rent was charged for that room in 1968 or whether it was even occupied at that time.

Chelsea 23rd St. Corp. v. Nolan: NYLJ, 9/26/01, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)