BEVERLY HOTEL ASSOC LLC v. DE ALMEIDA (2003)

Order dated April 12, 2002 (Jerald R. Klein, J.) 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 Greene Street Associates v. Robbins, 256 A.D.2d 169, 681 N.Y.S.2d 530 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.

PER CURIAM.