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BEVERLY HOTEL ASSOC. v. DE ALMEIDA

Appellate Term of the Supreme Court of New York, First Department
Jan 23, 2003
194 Misc. 2d 538 (N.Y. App. Term 2003)

Opinion

23421

January 23, 2003.

Landlord appeals from an order of the Civil Court, New York County, dated April 12, 2002 (Jerald R. Klein, J.) which granted tenant's motion to dismiss the petition in a holdover summary proceeding. Order dated April 12, 2002 (Jerald R. Klein, J.) affirmed, with $10 costs.

Borah, Goldstein, Altschuler, Schwartz Nahins, P.C., New York City (Paul N. Gruber of counsel), for appellant.

West Side SRO Law Project, New York City (Adam N. Weinstein and Amelia F. Shogan of counsel), for respondent.

Before: McCOOE, J.P., GANGEL-JACOB, SCHOENFELD, Justices.


Order dated April 12, 2002 affirmed, with $10 costs.

The respondent is a permanent hotel tenant (see, Rent Stabilization Code, § 2520.6[j]) who requested a written lease and, when offered one by landlord containing a jury waiver, declined to sign it. Civil Court dismissed this holdover brought on account of tenant's "unreasonable" refusal to "renew the lease as required by law", and we affirm. While a landlord is required, on request, to "grant a lease" to a hotel resident (see, Rent Stabilization Code, § 2522.5[a][2]), the resident may not be compelled to accept it on pain of eviction. Landlord's tender of a lease was no more than an offer which tenant was entitled to reject. Contrary to landlord's argument, the right to request a lease does not imply a "duty" to execute it. Moreover, under the Code, a statutory hotel tenant is not required to execute a lease or renew an expiring lease (§ 2522.5[a][2]; § 2524.3[f]).

Landlord's reliance upon 6 Green Street Associates v. Robbins ( 256 A.D.2d 169) is misplaced, as that case concerns the obligation of a tenant to sign an initial rent stabilized lease following the transition from coverage under the Loft Law.

This constitutes the decision and order of the court.


Summaries of

BEVERLY HOTEL ASSOC. v. DE ALMEIDA

Appellate Term of the Supreme Court of New York, First Department
Jan 23, 2003
194 Misc. 2d 538 (N.Y. App. Term 2003)
Case details for

BEVERLY HOTEL ASSOC. v. DE ALMEIDA

Case Details

Full title:BEVERLY HOTEL ASSOC. LLC., Petitioner-Landlord-Appellant, v. ADELIA DE…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Jan 23, 2003

Citations

194 Misc. 2d 538 (N.Y. App. Term 2003)
754 N.Y.S.2d 818