Space in Lodging House Covered

Facts: Landlord of lodging house sued to evict tenant of partitioned cubicle space after serving a 30-day termination notice. Landlord claimed unit wasn't subject to rent control, rent stabilization, or hotel stabilization. Tenant claimed the cubicle was a rent-stabilized housing accommodation and that landlord's notice was defective because it didn't state so. The court and appeals court ruled for tenant and dismissed landlord's petition. Landlord appealed. Court: Landlord loses. The cubicle space was located in a Class B multiple dwelling and didn't fit under any of the Rent Stabilization Law's exemptions from coverage. The definition of housing accommodations under the Rent Stabilization Code includes part of any building or structure occupied as a residence, home, dwelling unit, or apartment. Landlord had allowed tenant to live in the same cubicle for two years. Tenant, who had no other residence, considered it his home, had a key to the cubicle and was given a locker inside it to store his personal possessions. Prior DHCR rulings that lodging house living compartments weren't subject to rent stabilization didn't involve this building, didn't specify many facts, and weren't necessarily correct.

Gracecor Realty Co. v. Hargrove: NYLJ, p. 27, col. 3 (6/18/97) (Ct. App.; Smith, J. Kaye, CJ, Titone, Bellacosa, Levine, Ciparick, Wesley, JJ)