SRO Occupant Is Rent-Stabilized Tenant, Not Squatter

Landlord sued to evict occupant of an SRO unit, claiming that he was a squatter. Landlord said that prior tenant had lived in the unit until he was hospitalized in 2007. After that, occupant moved into the unit without anyone's permission, paid no rent, and had no relationship with landlord. After a trial, the court ruled against landlord. Even if occupant moved in without permission in October 2008, landlord didn't send him a notice to quit until July 2009. Since landlord allowed occupant to remain in the unit, he wasn't a squatter at the time landlord sent the notice. And even if landlord accepted no rent from occupant and gave him no lease, the Rent Stabilization Code defines a permanent tenant in an SRO building as one who continually resided in the same building as a principal residence for at least six months. So occupant became a rent-stabilized tenant under the law.

Smiley v. Williams: NYLJ, 10/14/09, p. 27, col. 1 (Civ. Ct. NY; Kraus, J)