SRO Tenant Became Permanent Rent-Stabilized Tenant

LVT Number: #21294

Tenant moved into an SRO unit by agreement between New York City Human Resources Administration (HRA) and landlord. HRA agreed to pay tenant’s rent. Landlord later sued to evict tenant after HRA sent landlord a letter stating that tenant no longer lived in the unit and HRA would stop paying tenant’s rent. Tenant claimed that he did still live in the unit and that he was now subject to rent stabilization. The court ruled for tenant and dismissed the case.

Tenant moved into an SRO unit by agreement between New York City Human Resources Administration (HRA) and landlord. HRA agreed to pay tenant’s rent. Landlord later sued to evict tenant after HRA sent landlord a letter stating that tenant no longer lived in the unit and HRA would stop paying tenant’s rent. Tenant claimed that he did still live in the unit and that he was now subject to rent stabilization. The court ruled for tenant and dismissed the case. Under Rent Stabilization Code Section 2520.6(j), tenant became a permanent hotel-stabilized tenant after living in the building as his primary residence for at least six months. It didn’t matter who paid the rent. Tenant could be evicted only for grounds stated in the Rent Stabilization Law and Code.

Brianic International Realty Corp. v. Pitt: NYLJ, 6/17/09, p. 26, col. 1 (Civ. Ct. NY; Lebovits, J)