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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46732 Judge Fiorella PETITIONER’S HOLDOVER action alleged that the hotel apartment occupied by respondent-undertenant was not his primary residence. The court’s review of the record disclosed that the undertenant occupied the premises since September 1996 and that petitioner accepted monthly rent including rent checks deposited in a lock box, responded to work order forms that respondent signed as “tenant of apartment 701″ and provided maid and other hotel services. Finding that respondent qualified as a “hotel occupant” as defined by Rent Stabilization Code �2520.6(m), the court, citing Nutter v. W & J Hotel, ruled that because respondent resided in the subject apartment and had been provided hotel amenities for more than six months, his letters of July 9 and July 22, 1997, requesting a written lease, qualified him as a “permanent tenant” as defined by RSC �2520.6(j). Because he was a permanent tenant, the court concluded that respondent was entitled to a rent-stabilized lease.

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