SRO Occupant Under HRA Agreement Became Permanent Hotel Tenant

Landlord sued to evict SRO housing occupant, claiming that he was a licensee whose license had expired. Occupant claimed that he was a rent-stabilized tenant and that landlord had refused to give him a lease. Landlord claimed that prior landlord had signed an agreement with the NYC Human Resources Administration (HRA) to provide temporary housing to HRA clients who needed emergency housing. Occupant was the last remaining HRA client after the HRA agreement ended. He never paid rent and, landlord argued, the unit was exempt from rent stabilization while rented by the city. But the Memorandum of Understanding between prior landlord and HRA wasn't a lease, and HRA didn't retain much control over the building or units occupied by its clients. Under the agreement, landlord handled setting up the tenants at the building and could directly bring eviction proceedings against the tenants. The occupant became a "permanent tenant" under Rent Stabilization Code Section 2520.6(j) after living at the hotel-stabilized building for six months. The case was dismissed.

Crossbay Equities, LLC v. Balzano: 47 Misc.3d 1203(A), 2015 NY Slip Op 50374(U) (Civ. Ct. NY; 3/26/15; Balzano, J)