SRO Tenant Who Lived in Building More Than Six Months Was Rent Stabilized

June 23, 2018

LVT Number: #28432

Landlord sued to evict SRO hotel occupant, claiming that she was unregulated and that there was no landlord-tenant relationship. The court ruled against landlord, who appealed and lost. Trial testimony showed that tenant continuously lived in the SRO unit for six years, that she was placed into possession by the building super, and paid rent to the super at his office in the building. Under Rent Stabilization Code Section 2520.6(j), tenant was a "permanent tenant," since she had lived continuously in the building for at least six months.

Landlord sued to evict SRO hotel occupant, claiming that she was unregulated and that there was no landlord-tenant relationship. The court ruled against landlord, who appealed and lost. Trial testimony showed that tenant continuously lived in the SRO unit for six years, that she was placed into possession by the building super, and paid rent to the super at his office in the building. Under Rent Stabilization Code Section 2520.6(j), tenant was a "permanent tenant," since she had lived continuously in the building for at least six months. Tenant wasn't required to prove the existence of a landlord-tenant relationship. 

PR 307 West 93, LLC v. Peralta: 59 Misc.3d 141(A), 2018 NY Slip Op 50633(U) (App. T. 1 Dept.; 5/2/18; Ling-Cohan, JP, Cooper, Edmead, JJ)

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