Hotel Tenant in Occupancy at Least Six Months Is Rent Stabilized

April 22, 2018

LVT Number: #28323

Landlord sued to evict tenant, claiming that she was unregulated. Tenant claimed that she was a hotel-stabilized permanent tenant under Rent Stabilization Code Section 2520.6(j). The court ruled for tenant and dismissed the case. Landlord appealed and lost. Tenant proved that she had lived in the hotel unit at least six months, and that landlord was aware of her occupancy since she paid rent in her own name, sued landlord in her own name in an HP proceeding, and had requested a lease in her own name. 

Landlord sued to evict tenant, claiming that she was unregulated. Tenant claimed that she was a hotel-stabilized permanent tenant under Rent Stabilization Code Section 2520.6(j). The court ruled for tenant and dismissed the case. Landlord appealed and lost. Tenant proved that she had lived in the hotel unit at least six months, and that landlord was aware of her occupancy since she paid rent in her own name, sued landlord in her own name in an HP proceeding, and had requested a lease in her own name. 

222 East 12 Realty LLC v. McNally: 59 Misc.3d 127(A), 2018 NY Slip Op 50383(U) (App. T. 1 Dept.;3/26/18; Ling-Cohan, JP, Gonzalez, Cooper, JJ)

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