Landlord sued to evict rent-stabilized tenant for refusing to sign a renewal lease offered by landlord. The court ruled for landlord. Tenant appealed and lost. Tenant moved into the apartment on Oct. 1, 2008, at a preferential rent of $900. In a prior nonpayment proceeding, the court found that the rent remained $900 through July 2012 because no renewal leases had been signed. Shortly thereafter landlord sent tenant a renewal lease offering a one-year renewal at $918 per month or a two-year renewal at $936 per month. Tenant incorrectly claimed that she was within her rights to refuse to sign the renewal because she was a month-to-month tenant entitled to a renewal lease at $900 per month.
M & M Plaza Associates, LLC v. Pusey: 45 Misc.3d 129(A), 2014 NY Slip Op 51541(U) (App. T. 2 Dept.; 10/3/14; Pesce, PJ, Aliotta, Elliot, JJ)
