143 East 30th Street Corp. v. Shankman

Landlord commenced this nonpayment summary proceeding in August 2002 to recover possession of unit A-5 in hotel premises known as the Murray Hill Inn, located at 143 East 30th Street, in Manhattan. Tenant answered, interposing a counterclaim seeking rent overcharges dating back to the inception of his tenancy in February 2000. The trial evidence established, and the court properly determined, that the developmentally disabled tenant qualified as a "permanent tenant" by reason of his continuous occupancy of the building premises as a primary residence for a period exceeding the six-month statutory threshold (see Rent Stabilization Code [9 NYCRR] 2520.6 [j]), and this despite what the trial court described as a "pattern . . .whereby [tenant] was moved from room to room at the Building".