New Trial Required on Whether Hotel Unit Is Covered

May 31, 2001

LVT Number: 15044

Landlord sued to evict hotel tenant for nonpayment of rent, claiming that tenant was unregulated. Tenant claimed that he was rent stabilized. After a jury trial, the court ruled for tenant and dismissed the case. Landlord appealed. The appeals court ruled for landlord in part. The court found that neither landlord nor tenant had proved whether the rent charged for the hotel unit was less than $350 per month, or $88 per week, on May 31, 1968. This is the question that decides whether the unit is rent stabilized. The case was sent back for a new trial.

Landlord sued to evict hotel tenant for nonpayment of rent, claiming that tenant was unregulated. Tenant claimed that he was rent stabilized. After a jury trial, the court ruled for tenant and dismissed the case. Landlord appealed. The appeals court ruled for landlord in part. The court found that neither landlord nor tenant had proved whether the rent charged for the hotel unit was less than $350 per month, or $88 per week, on May 31, 1968. This is the question that decides whether the unit is rent stabilized. The case was sent back for a new trial.

Alphonse Hotel Corp. v. Fusco: NYLJ, 5/30/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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