Deemed Renewal Lease Barred by RPL Section 232-c

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord, granting possession, a money judgment for $10,883, and attorney's fees. Tenant appealed and won. Landlord's petition claimed that tenant's lease was deemed renewed in 2009 and that tenant owed $1,209 per month for the months of July through October 2009. But Rent Stabilization Code Section 2523.5(c)(2), which permits deemed lease renewals, violates Real Property Law (RPL) Section 232-c. So, no renewal lease was in effect after Aug. 31, 2009. And there was no payment and acceptance of rent after that date. So no month-to-month tenancy was created, and no rental agreement therefore was in effect at the time landlord started its nonpayment proceeding. So the case must be dismissed, and landlord can't collect attorney's fees.

265 Realty, LLC. v. Trec: 39 Misc.3d 150(A), 2013 NY Slip Op 50974(U) (App. T. 2 Dept.; 6/6/15; Pesce, PJ, Aliotta, Solomon, JJ)