Landlord Can't Maintain Eviction Case Against Rent-Stabilized Tenant with No Current Lease

Landlord sued to evict rent-stabilized tenant for nonpayment of rent after tenant's lease expired. Landlord claimed that the case could still go forward because landlord accepted ERAP funds, which created an implied lease agreement. The court ruled against landlord, without prejudice, and dismissed the case. Since tenant was rent stabilized, she couldn't be a month-to-month tenant, because the respective rights and responsibilities of a landlord and tenant under a month-to-month tenancy can't be reconciled with the rights and responsibilities of the parties concerning a rent-stabilized apartment. Landlord's remedy was to start a holdover proceeding against tenant for failure to renew her lease. 

Sterling Apt. LLC v. Norvell: Index No. 312028/23, 2024 NY Slip Op 51745(U), NYLJ No. 1735402929 (Civ. Ct. Kings; 8/9/24; Poley, J)