SRO Tenant Was Permanent Tenant Subject to Rent Stabilization

October 20, 2015

LVT Number: #26562

Landlord sued to evict tenant, claiming that tenant was unregulated. Tenant claimed that he was rent stabilized. The building was an SRO, but landlord claimed that it was used for transient occupancy. The court ruled for tenant and dismissed the case. Tenant moved into the unit in May 2014, paid rent through September 2014, and then asked for a lease in October. Landlord refused to accept tenant’s November 2014 rent. Landlord presented no proof that tenant occupied the unit on a transient basis, and prior transient use didn’t exempt the unit from rent stabilization.

Landlord sued to evict tenant, claiming that tenant was unregulated. Tenant claimed that he was rent stabilized. The building was an SRO, but landlord claimed that it was used for transient occupancy. The court ruled for tenant and dismissed the case. Tenant moved into the unit in May 2014, paid rent through September 2014, and then asked for a lease in October. Landlord refused to accept tenant’s November 2014 rent. Landlord presented no proof that tenant occupied the unit on a transient basis, and prior transient use didn’t exempt the unit from rent stabilization. Here, the hotel tenant became a permanent tenant subject to rent stabilization under Rent Stabilization Code Section 2520.6(j) because he continuously resided in the building as a principal residence for at least six months. 

 

 

 
Grand Imperial LLC v. Zlenko: Index No. 88429/2015, NYLJ No. 1202738445382 (Civ. Ct. NY; 9/25/15; Stoller, J)

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