Trial Must Decide Whether Hotel Unit Was Occupied by Permanent Tenant

January 26, 2018

LVT Number: #28181

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord asked the court to rule without a trial since tenant admitted he had moved out of the hotel-stabilized unit. The court ruled against landlord, who appealed and won in part. The court should have granted possession against tenant since tenant admitted he had vacated. But another apartment occupant was still in the unit and could have a claim to possession as a permanent tenant.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord asked the court to rule without a trial since tenant admitted he had moved out of the hotel-stabilized unit. The court ruled against landlord, who appealed and won in part. The court should have granted possession against tenant since tenant admitted he had vacated. But another apartment occupant was still in the unit and could have a claim to possession as a permanent tenant. There were questions of fact as to whether two adjoining rooms were a combined single unit and whether the occupant remained as tenant of the combined units. 

366 W. 30th St. LLC v. Avila: Index No. 570431/17, NYLJ No. 1513298280 (App. T. 1 Dept.; 12/6/17; Lowe III, PJ, Schoenfeld, Shulman, JJ)

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