SRO Tenant's Brother Became Permanent Tenant

April 28, 2017

LVT Number: #27645

Landlord sued to evict hotel-stabilized SRO tenant for nonprimary residence. Landlord claimed that tenant didn’t live in the unit but let her brother live there without landlord’s consent. The brother claimed that he was a permanent tenant under Rent Stabilization Code Section 2520.6(j). The court ruled for tenant’s brother and dismissed the case. Tenant’s brother himself became a permanent tenant after continuous occupancy for six months and co-residency wasn’t required.

Landlord sued to evict hotel-stabilized SRO tenant for nonprimary residence. Landlord claimed that tenant didn’t live in the unit but let her brother live there without landlord’s consent. The brother claimed that he was a permanent tenant under Rent Stabilization Code Section 2520.6(j). The court ruled for tenant’s brother and dismissed the case. Tenant’s brother himself became a permanent tenant after continuous occupancy for six months and co-residency wasn’t required. And since landlord didn’t first terminate the brother’s tenancy, the eviction proceeding against him must be dismissed.

 

 

 
Dexter 345, Inc. v. Hanlon: L&T 66134/13, NYLJ No. 1202780573426 (Civ. Ct. NY; 2/27/17; Wendt, J)

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