Landlord Started Second Case Without Giving Tenant a Renewal Lease

Landlord sued to evict tenant for nonprimary residence after tenant's renewal lease ended. While the case was pending, tenant filed a lease nonrenewal complaint with the DHCR against landlord. The DHCR ruled that if landlord's court case was dismissed, landlord must offer tenant a one- or two-year renewal lease, at tenant's option. The court ruled against landlord and dismissed the case. Instead of giving tenant a renewal lease, landlord sent tenant a notice of nonrenewal, claiming that a new ''deemed'' renewal lease had ended. Landlord then started a new nonprimary residence case. Tenant claimed that this was improper. The court ruled for landlord. Tenant appealed and won. There was no existing lease between landlord and tenant when landlord sent the latest nonrenewal notice because landlord didn't comply with the DHCR's order to offer an actual renewal lease after the prior court case was dismissed. Because there was no lease, landlord couldn't send tenant a nonrenewal notice and start a primary residence case.

Nussbaum Resources I LLC v. Gilmartin: NYLJ, 6/22/04, p. 23, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)