Landlord Offered Tenant Renewal Lease After Judgment

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant didn’t deny nonpayment, and the court ordered tenant to deposit $6,500 into court. When tenant failed to do so, the court issued a judgment and eviction warrant in landlord’s favor in 1999, based on tenant’s default. Tenant appealed. While tenant’s appeal was pending, tenant obtained a stay of all proceedings from the court. In the meantime, tenant’s lease expired on Nov. 30, 1999. In August 1999, landlord offered tenant a renewal lease, which tenant accepted. The appeals court ruled for tenant and sent the case back to the trial court for further proceedings in 2000. Tenant then asked the court to dismiss the case, claiming that landlord had waived its claim of entitlement to possession due to tenant’s default under the prior lease. Landlord claimed that there was no waiver. Landlord said it was required to offer tenant a renewal lease under the ETPA. The court ruled for landlord, denied tenant’s request to dismiss, and again ruled for landlord. The court now found that tenant owed landlord $16,000 in back rent and $37,000 in attorney’s fees. Tenant appealed again, claiming that landlord couldn’t evict him because it had renewed the lease. The appeals court ruled for tenant. Landlord renewed tenant’s lease after judgment was issued in landlord’s favor. So landlord didn’t have to renew tenant’s lease under the ETPA. Because landlord did renew the lease after judgment, it revived the tenancy and couldn’t evict tenant.

Stepping Stones Associates v. Seymour: NYLJ, 2/19/08, p. 37, col. 4 (App. Div. 2 Dept.; Spolzino, JP, Ritter, Dillon, Dickerson, JJ)