Case Type

Holdover-Licensee

Housing Type

SRO

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

LT-065147-19/NY

Slip Opinion Number

2025 NY Slip Op 51741(U)

Petitioner

Esplanade 94 LLC

Respondent

Abdullah Aiyash; Wilzon Alava

Judge

Ortiz, Frances, A

Decision/Order Date

2025-10-29

Posture

Other

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this licensee holdover proceeding concerning a rent-stabilized single-room occupancy (SRO) unit, the landlord sought possession, claiming the tenant was a mere licensee or squatter. The tenant, appearing pro se, established that he had continuously resided in the unit since September 2019, openly, with the landlord's employees' knowledge. He also proved he requested a lease in November 2019 and paid rent to the landlord's agent. The court found the tenant qualified as a permanent tenant under Rent Stabilization Code § 2520.6(j), which grants permanent tenancy status to SRO occupants who reside for at least six months or request a lease. The petition was dismissed, and the landlord was ordered to issue a rent-stabilized lease to the tenant.

Keywords

Decision After Trial; SRO; Respondent Held to be a Permanent Tenant Under RSC § 2520.6 (j); Lease Must be Provided Under RSC § 2522.5 (a)(2)

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