SRO Tenant Is Rent Stabilized

LVT Number: #22362

Landlord sued to evict SRO tenant who had been placed at the building by landlord's agreement with the NYC Human Resources Administration (HRA). Landlord claimed that HRA initially agreed to pay $2,000 per month for tenant's rent, but later told landlord that tenant was no longer allowed to live at the building, that HRA would no longer pay tenant's rent, and that tenant would be relocated. Landlord claimed that tenant refused to move out. Tenant claimed that he was a permanent tenant subject to rent stabilization because he had lived in the unit for eight years.

Landlord sued to evict SRO tenant who had been placed at the building by landlord's agreement with the NYC Human Resources Administration (HRA). Landlord claimed that HRA initially agreed to pay $2,000 per month for tenant's rent, but later told landlord that tenant was no longer allowed to live at the building, that HRA would no longer pay tenant's rent, and that tenant would be relocated. Landlord claimed that tenant refused to move out. Tenant claimed that he was a permanent tenant subject to rent stabilization because he had lived in the unit for eight years. The court ruled for tenant and dismissed the case. Although landlord argued that tenant didn't pay rent, this didn't matter. Tenant became a permanent rent-stabilized tenant by living in the apartment continuously for at least six months. It didn't matter that HRA paid rent on tenant's behalf or even if HRA didn't pay the rent.

Brianic International Realty Corp. v. Pitt: NYLJ, 12/11/09, p. 26, col. 1 (Civ. Ct. NY; Lebovits, J)