Partially Enclosed Cubicle in Lodging House Is Rent-Stabilized

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed his unit was rent-stabilized. Landlord argued that it wasn't. The court ruled for tenant. The building was a Class B lodging house. Since 1988, tenant lived in a partially enclosed cubicle located on the fourth floor of the building. The cubicle had a locked entrance and contained a bed and closet or locker provided by landlord. The cubicle qualified as a ''housing accommodation,'' defined under rent stabilization as that part of any building or structure occupied or intended to be occupied as a residence, home, dwelling unit, or apartment.

Gracecor Realty Co., Inc. v. Hargrove: NYLJ, p. 27, col. 3 (4/4/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)