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Nutter v. W & J Hotel Company – Case Brief Summary (New York)

In Nutter v. W & J Hotel Company (171 Misc 2d 302, 654 N.Y.S.2d 274) the court defined the issue stating "this illegal eviction proceeding presents the issue of whether a landlord may evict, without process of law, a person who registers for a rent-stabilized hotel room for one night and promptly requests a lease pursuant to the hotel stabilization provisions of the Rent Stabilization Law... The Court concludes that respondent may not, and therefore committed an illegal eviction (id at 303)."

In Nutter, the petitioner checked in, was not provided with the notice of rights as required by rent stabilization, requested in writing the same day a written lease and the following day was denied the request and asked to leave. The only difference is in that case the tenant did not leave at the insistence of the manager and was instead removed by the police.

" .... The request for a lease, evincing an intent to accede to tenancy status, is what triggers the protection of the rent stabilization laws (Nutter at 305.)