Occupant Was Hotel-Stabilized Tenant

November 20, 2017

LVT Number: #27999

Landlord sued to evict occupant of hotel-stabilized unit. The court ruled for landlord. Occupant appealed and won. Landlord admitted that the unit was hotel-stabilized. Trial evidence showed that occupant had lived in the unit for at least six months, that landlord was aware of her occupancy and allowed her to make substantial renovations, and that landlord accepted rent from a joint bank account bearing occupant's name.

Landlord sued to evict occupant of hotel-stabilized unit. The court ruled for landlord. Occupant appealed and won. Landlord admitted that the unit was hotel-stabilized. Trial evidence showed that occupant had lived in the unit for at least six months, that landlord was aware of her occupancy and allowed her to make substantial renovations, and that landlord accepted rent from a joint bank account bearing occupant's name. So occupant qualified as a permanent tenant under hotel stabilization even if her former attorney didn't specifically assert this in answer to landlord's eviction petition. 

Einhorn v. McCloud: 57 Misc.3d 139(A), 2017 NY Slip Op 51323(U) (App. T. 1 Dept.; 10/5/17; Schoenfeld, JP, Ling-Cohan, J)

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