222 EAST 12 REALTY LLC v. Dora Blount, Respondent–Undertenant–Respondent. (2018)

Order (Jack Stoller, J.), dated November 10, 2016, insofar as appealed from, affirmed, with $10 costs.

We agree with Civil Court that respondent Dora Blount made a prima facie showing of entitlement to summary judgment dismissing the holdover petition on the ground that she is a “permanent tenant” under the Rent Stabilization Code [9 NYCRR] § 2520.6(j). The record shows, and it is not disputed, that respondent resided in the subject hotel dwelling unit for at least six months; landlord was aware of her occupancy as she paid rent in her own name, sued landlord in her own name in an HP proceeding, and even requested a lease in her own name. Thus, respondent qualified as a “permanent tenant”—a term broadly defined in the Code as “an individual or such individual's family members residing with such individual, who have continuously resided in the same building as a principal residence for a period of at least six months” (RSC § 2520.6[j]; see Einhorn v. McCloud, 57 Misc 3d 139[A], 2017 NY Slip Op. 51323[U] [App. Term., 1st Dept. 2017]; 25 W. 24th St. Realty Corp. v. Gianquinto, 55 Misc 3d 28 [2017]; Kanti–Savita Realty Corp. v. Santiago, 18 Misc 3d 74 [2007] ).

We have considered landlord's arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.