Hotel Unit Subject to Rent Stabilization

February 13, 2015

LVT Number: #25958

Landlord sued to evict apartment hotel tenant, claiming that she was unregulated. Tenant claimed that she was subject to rent stabilization. The court ruled against landlord, who appealed and lost. Landlord claimed but couldn't prove that the rent charged for tenant's hotel unit was more than $350 per month or $88 per week on the statutory base date of May 31, 1968. So landlord was unable to establish that tenant's unit was exempt from rent-stabilization coverage.

Landlord sued to evict apartment hotel tenant, claiming that she was unregulated. Tenant claimed that she was subject to rent stabilization. The court ruled against landlord, who appealed and lost. Landlord claimed but couldn't prove that the rent charged for tenant's hotel unit was more than $350 per month or $88 per week on the statutory base date of May 31, 1968. So landlord was unable to establish that tenant's unit was exempt from rent-stabilization coverage.

Alphonse Hotel Corp. v. Roseboom: 46 Misc.3d 136(A), 2015 NY Slip Op 50006(U) (App. T. 1 Dept.; 1/6/15; Schoenfeld, JP, Shulman, Ling-Cohan, JJ)

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