Landlord Can't Evict Hotel Tenant for Not Signing Lease

July 31, 2002

LVT Number: 15977

Landlord sued to evict hotel-stabilized tenant for not signing a lease after she requested one. Tenant claimed that the lease offered wasn't acceptable because landlord had included a jury waiver clause. Tenant had lived in the apartment without a lease and had a right to a jury trial without the lease. Tenant asked the court to dismiss the case. The court ruled for tenant. Nothing in the Rent Stabilization Code permits eviction for tenant's refusal to sign a lease in a hotel unit where leases aren't required.

Landlord sued to evict hotel-stabilized tenant for not signing a lease after she requested one. Tenant claimed that the lease offered wasn't acceptable because landlord had included a jury waiver clause. Tenant had lived in the apartment without a lease and had a right to a jury trial without the lease. Tenant asked the court to dismiss the case. The court ruled for tenant. Nothing in the Rent Stabilization Code permits eviction for tenant's refusal to sign a lease in a hotel unit where leases aren't required.

350 W. 88th St. Realty Co. v. Charpentier: NYLJ, 7/10/02, p. 28, col. 4 (Civ. Ct. NY; Wendt, J)

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