WEST 148 LLC v. YONKE (2006)

Final judgment entered May 10, 2004 (Laurie L. Lau, J.), affirmed, without costs.

The trial evidence shows, and it is not seriously disputed, that tenant rented a portion of the stabilized apartment to a series of guests or “roommates”;  that tenant charged each of the roommates nearly double the monthly stabilized rent, collecting what the trial court aptly described as a “lucrative windfall”;  and that tenant herself described the apartment, in both an internet listing for “Affordable Hotels” and on her business card, as the “Chez Sylvie Bed and Breakfast”.   On these facts, the trial court correctly concluded that the tenant's commercial exploitation of her stabilized apartment required eviction pursuant to Rent Stabilization Code (9 NYCRR) § 2525.7 (see RAM 1 v. Mazzola, 2001 N.Y. Slip Op. 50073[U], 2001 WL 1682829, lv. denied 2002 N.Y.App.Div. Lexis 6531;  see also BLF Realty Holding Corp. v. Kasher, 299 A.D.2d 87, 747 N.Y.S.2d 457 [2002], lv. dismissed 100 N.Y.2d 535, 762 N.Y.S.2d 876, 793 N.E.2d 413 [2003];  compare 54 Greene St. Realty Corp. v. Shook, 8 A.D.3d 168, 779 N.Y.S.2d 77 [2004] ).

This constitutes the decision and order of the court.

PER CURIAM.