Tenant Lived in Hotel Unit Since 1993

February 1, 2000

LVT Number: 13879

Landlord sued to evict hotel tenant, claiming that she wasn't subject to any rent regulation. Tenant claimed that she was hotel stabilized because she had lived in the hotel since 1993 and prior landlord had accepted rent directly from her for more than three years for the same unit. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant, and landlord appealed. Landlord claimed that there were issues of fact requiring a trial. The appeals court ruled against landlord. Tenant had already shown conclusive proof that she was rent stabilized.

Landlord sued to evict hotel tenant, claiming that she wasn't subject to any rent regulation. Tenant claimed that she was hotel stabilized because she had lived in the hotel since 1993 and prior landlord had accepted rent directly from her for more than three years for the same unit. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant, and landlord appealed. Landlord claimed that there were issues of fact requiring a trial. The appeals court ruled against landlord. Tenant had already shown conclusive proof that she was rent stabilized.

240 W. 73rd St., LLC v. Weber: NYLJ 1/25/00, p. 26, col. 2 (App. T.1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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