Overnight SRO Guest Becomes Hotel-Stabilized Tenant

A taxi driver made a reservation for a one-night stay at landlord’s SRO building on July 29, 2015, and checked in on July 30. On that day, he paid for the room and submitted a written request for a six-month lease. He didn’t sleep in the room that night because, he claimed, he worked at night as a taxi cab driver. When tenant returned to the hotel on the morning of July 31, he was forcibly prevented from moving back in. His belongings were placed in storage at the building, and his room key was disabled. Tenant sued landlord immediately, seeking restoration to the premises as a permanent hotel-stabilized tenant. The court ruled for tenant. The building was rent stabilized, and the unit in question was an SRO. By law an SRO hotel occupant who requests a lease of six months or more becomes a permanent tenant even if his actual occupancy is less than six months. Tenant was unlawfully evicted.

Guia v. Audthan LLC: 48 Misc.3d 1217(A), 2015 NY Slip Op 51152(U) (Civ. Ct. NY; 8/7/15; Kraus, J)