Hotel Tenant Illegally Evicted

Facts: Occupant checked into residential hotel room for one night under false pretenses, stating on her registration card that she lived in Texas, was visiting New York and needed the room for one night. The hotel was subject to rent stabilization and, by law, landlord should have advised her that she could ask for a lease and become a permanent tenant. Later that same day, occupant tried to give landlord a written demand for a lease, which landlord refused to accept. When occupant refused to check out the next day, landlord had her removed by police shortly after check-out time. Occupant sued landlord, claiming illegal eviction. Court: Occupant wins. When occupant asked for a lease, she became permanent tenant and landlord was required to give her a six-month lease under the rent stabilization law. Any defect in tenant's request was excusable because landlord didn't notify occupant of her legal options. And since occupant was a tenant under rent stabilization, landlord couldn't claim she was a transient whom landlord could evict by self-help.

Nutter v. W&J Hotel Co.: NYLJ, p. 30, col. 6 (2/5/97) (Civ. Ct. NY; Hoffman, J)