Unit in Lodging House Covered

December 1, 1995

LVT Number: 10218

Landlord sued to evict lodging house tenant from cubicle unit. Tenant claimed he was rent-stabilized and asked the court to dismiss the case. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. The lodging house was a class B multiple dwelling and was therefore subject to rent stabilization. Tenant's cubicle was properly found to be a ''housing accommodation'' under the rent stabilization law, since it wasn't specifically excluded from the law's definition of units covered by rent stabilization.

Landlord sued to evict lodging house tenant from cubicle unit. Tenant claimed he was rent-stabilized and asked the court to dismiss the case. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. The lodging house was a class B multiple dwelling and was therefore subject to rent stabilization. Tenant's cubicle was properly found to be a ''housing accommodation'' under the rent stabilization law, since it wasn't specifically excluded from the law's definition of units covered by rent stabilization.

Gracecor Realty Co., Inc. v. Hargrove: NYLJ, p. 25, col. 5 (11/24/95) (App. Div. 1 Dept.; Murphy, PJ, Sullivan, Wallach, Ross, Williams, JJ)

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