Tenant Was Permanent Resident

Hotel tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that tenant was a transient and not subject to rent stabilization. Tenant moved out after 28 days and then moved back in a few days later. The DHCR ruled against landlord. In a hotel-stabilized building, tenant must live there continuously for six months to be regulated. Tenant had lived in the hotel for two and one half years. It wasn't believable that tenant actually moved out every 28 days. This seemed instead to be a way that landlord sought to get around the hotel stabilization regulations.

2003 Greenpoint Hotel LLC: DHCR Adm. Rev. Dckt. No. UB210044RO (5/19/06) [3-pg. doc.]