Occupants Referred to SRO Housing by HRA Became Rent Stabilized After 30 Days
LVT Number: #27609
Landlord sued to evict three single room occupancy (SRO) occupants, claiming that they were unregulated licensees. The court ruled against landlord, finding that the occupants were permanent residents under the Rent Stabilization Code (RSC) and that their use of the rooms wasn’t transient. Landlord appealed and lost. Landlord had placed each of the occupants in the units and they had each continuously lived in the units for more than six months. They were originally placed in the units by agreement between the city’s Human Resources Administration (HRA) Department of Social Services (DSS) under a program to set aside 30 rooms in the building for HRA’s referrals. Landlord claimed that the three occupants were transient, but each of them had lived in their units for several years and the agreement with HRA expressly stated that a referred person could become a permanent resident under RSC Sections 2520.6(j) and 2522.5(a)(2).
25 West 24th Street Realty Corp. v. Gianquinto: 2017 NY Slip Op. 27060, 2017 WL 825192 (App. T. 1 Dept.; 3/2/17; Lowe III, PJ, Schoenfeld, Gonzalez, JJ)