Tenant's Brother Became Permanent Tenant Entitled to Rent-Stabilized Status

Landlord sued to evict tenant for nonprimary residence, along with her brother, who occupied the unit and who claimed himself to be a permanent hotel-stabilized tenant under Rent Stabilization Code Section 2520.6(j). The trial court ruled for the brother. Landlord appealed and the case was reopened. The appeals court agreed with the trial court that tenant's brother began living in the unit in 2010 with the knowledge of landlord's employees and paid rent. He therefore qualified as a permanent tenant since he was an individual, or such individual's family member living with the individual, who continuously lived in the unit for at least six months. But the court hadn't decided the question of whether tenant lived in the apartment as her primary residence, so the case was sent back for the court to decide whether tenant herself had a right to remain.

Dexter 345, Inc. v. Hanlon: 59 Misc.3d 148(A), 2018 NY Slip Op 50797(U) (App. T. 1 Dept.; 6/4/18; Shulman, PJ, Gonzalez, Edmead, JJ)