Tenant Subject to Hotel Stabilization

April 17, 2007

LVT Number: 19527

Tenant complained of rent overcharge, claiming that he was hotel stabilized. Landlord didn't answer the notice of tenant's complaint. The DRA ruled for tenant and ordered landlord to refund $3,700, including triple damages. Landlord appealed, claiming that tenant wasn't subject to stabilization. The DHCR ruled against landlord. First, landlord didn't explain why it didn't answer tenant's complaint. In addition, tenant showed he had lived in the building continuously for at least six months. Tenant therefore qualified for hotel stabilization, even if he wasn't given a lease.

Tenant complained of rent overcharge, claiming that he was hotel stabilized. Landlord didn't answer the notice of tenant's complaint. The DRA ruled for tenant and ordered landlord to refund $3,700, including triple damages. Landlord appealed, claiming that tenant wasn't subject to stabilization. The DHCR ruled against landlord. First, landlord didn't explain why it didn't answer tenant's complaint. In addition, tenant showed he had lived in the building continuously for at least six months. Tenant therefore qualified for hotel stabilization, even if he wasn't given a lease.

2003 Greenpoint Hotel, LLC: DHCR Adm. Rev. Docket No. UK210059RO (1/18/07) [2-pg. doc.]

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