
    [754 NYS2d 818]
    Beverly Hotel Assoc. LLC, Appellant, v Adelia De Almeida, Respondent.
    Supreme Court, Appellate Term, First Department,
    January 23, 2003
    APPEARANCES OF COUNSEL
    
      Borah, Goldstein, Altschuler, Schwartz & Nahins, P.C., New York City (Paul N. Gruber of counsel), for appellant. West Side SRO Law Project, New York City (Adam N. Weinstein and Amelia F. Shogan of counsel), for respondent.
   OPINION OF THE COURT

Per Curiam.

Order dated April 12, 2002 affirmed, with $10 costs.

The respondent is a permanent hotel tenant (see, Rent Stabilization Code [9 NYCRR] § 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 [9 NYCRR] § 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 St. Assoc. v Robbins (256 AD2d 169) 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.

McCooe, J.P., Gangel-Jacob and Schoenfeld, JJ,, concur.  