Occupant Placed in SRO for Emergency Shelter Not Rent Stabilized

Landlord sued to evict an SRO hotel occupant, who had been placed in a room there by the Human Resources Administration (HRA), after HRA sent landlord a letter stating that the occupant no longer lived in the unit and that HRA would stop paying his rent. The occupant claimed that he did still live there and that he was subject to rent stabilization as a permanent tenant. The court ruled for the occupant and dismissed the case. Landlord appealed and won. There was no landlord-tenant relationship with the unit occupant, only with HRA. Under its agreement with HRA, landlord made certain SRO units in the building available for emergency temporary housing for HRA clients. HRA paid a nightly rate for the rooms directly to landlord. HRA's agreement with landlord had expired in December 2006. The occupant was merely HRA's licensee, who no longer had a right to remain in the unit.

Branic International Realty Corp. v. Pitt: 2010 NY Slip Op 20515, 2010 WL 5175005 (App. T. 1 Dept.; 12/22/10; McKeon, PJ, Shulman, Hunter, JJ)