Tenant's Hotel Room Covered

March 1, 1996

LVT Number: 10440

Facts: Residential hotel tenant complained of rent overcharge. He paid $135 per week since moving into his room in 1988. Prior tenant paid only $232 per month. Landlord claimed that tenant's room was exempt from rent stabilization. Landlord claimed tenant's unit was a luxury hotel room that rented for more than $350 per month or $88 per week on May 31, 1968. The DHCR ruled for tenant, finding a willful rent overcharge. Landlord appealed. Court: Landlord loses. Landlord submitted insufficient proof of what the 1968 room rent was.

Facts: Residential hotel tenant complained of rent overcharge. He paid $135 per week since moving into his room in 1988. Prior tenant paid only $232 per month. Landlord claimed that tenant's room was exempt from rent stabilization. Landlord claimed tenant's unit was a luxury hotel room that rented for more than $350 per month or $88 per week on May 31, 1968. The DHCR ruled for tenant, finding a willful rent overcharge. Landlord appealed. Court: Landlord loses. Landlord submitted insufficient proof of what the 1968 room rent was. The sworn statements of former hotel employees that every room rented for at least $13 per day 25 years ago were unconvincing. Also, landlord had registered tenant's unit with the DHCR as rent-stabilized since at least 1981.

St. George Hotel Associates v. DHCR: NYLJ, p. 28, col. 5 (2/28/96) (Sup. Ct. Kings; Kramer, J)

Topics

More like this