Judge Lebovits
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PETITIONER landlord moved for leave to reargue and/or renew a prior decision denying its cross-motion for summary judgment. Upon same, petitioner argued its motion for summary judgment should be granted and it should be awarded a final judgment of possession. Petitioner entered into a written agreement with the Human Resources Administration to place respondent in petitioner’s single-room occupancy hotel, with HRA promising to pay on respondent’s behalf. Petitioner alleged a letter from HRA stated respondent was no longer permitted to reside at the premises and HRA would no longer pay the rent. Petitioner argued the court misapplied the Rent Stabilization Code’s definition of permanent tenant when it defined one for hotel-housing purposes as an individual who continuously resided in the same building as a principal residence for at least six months. The Appellate Term classified someone as a permanent tenant not by the payment of rent, but continuous residence for six months. The court noted that assuming paying rent was a requirement for permanent SRO tenancy, HRA paid rent for respondent, and nothing required occupants to pay themselves. Thus, petitioner’s motion was denied.
