Hotel Guest Claims Permanent Tenant Status

September 19, 2015

LVT Number: #26481

Occupant sued landlord for illegal lockout, claiming that he became a permanent tenant of a hotel-stabilized unit at landlord’s building. The court ruled against occupant, who appealed and won. Landlord claimed that occupant paid no rent and therefore was merely a licensee who had no right to request a six-month lease at the building. The appeals court disagreed. Occupant used “points” under a Wyndham hotel rewards program to pay for his scheduled one-night accommodation at the hotel, and then requested a six-month lease shortly after checking in.

Occupant sued landlord for illegal lockout, claiming that he became a permanent tenant of a hotel-stabilized unit at landlord’s building. The court ruled against occupant, who appealed and won. Landlord claimed that occupant paid no rent and therefore was merely a licensee who had no right to request a six-month lease at the building. The appeals court disagreed. Occupant used “points” under a Wyndham hotel rewards program to pay for his scheduled one-night accommodation at the hotel, and then requested a six-month lease shortly after checking in. The court considered the use of points a payment of “rent,” as defined by the Rent Stabilization Code. The case was sent back to housing court for consideration of occupant’s claim.

 

 

 
Mondrow v. Days Inns Worldwide, Inc.: 2015 NY Slip Op 25272, 2015 WL 4876852 (App. T. 1 Dept.; 8/14/15; Shulman, JP, Hunter Jr., Ling-Cohen, JJ)

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