Landlord Can't Maintain Eviction Proceeding for Nonpayment Against Month-to-Month Tenant

Landlord sued to evict unregulated tenant for nonpayment of rent. The court found that a nonpayment proceeding commenced under RPAPL Section 711(2) couldn't be maintained against a month-to-month tenant as defined by RPL Section 232-c. It was improper to maintain the nonpayment proceeding against the unregulated month-to-month tenant because each month was a new term for a new period. If no rent was paid for a new monthly period, there was no longer a valid contract under which to sue for rent. Landlord's recourse was to commence a holdover proceeding after serving a 30-day termination notice. The court also disagreed with landlord's argument that the tenant's receipt of ERAP funds created a 12-month tenancy.

109th Affordable Housing LLC v. Beck: Index No. lT-312349-23, NYLJ, 2/20/24, p. 17, col. 2 (Civ. Ct. NY; 1/31/24; Bacdayan, J)