Landlord Waived Right to Evict

Landlord sued to evict rent-stabilized tenant in Freeport for failing to renew his lease in June 2006. Tenant asked the court to dismiss the case. Tenant's wife claimed that her husband had signed and sent back the renewal lease. In addition, when tenant's lease expired in 2006, landlord sued to evict tenant for overcrowding. Landlord had claimed that tenant violated a town law because four people lived in the apartment instead of two. That case was withdrawn after tenant cured the overcrowding. The court ruled against landlord and dismissed the new eviction proceeding. Landlord waived its right to bring an eviction proceeding for lease nonrenewal because it sued to evict tenant for overcrowding after tenant's last lease expired. In addition, tenant claimed that he tried to renew and landlord didn't send back a signed lease. Tenant had lived in the apartment for 27 years. Landlord wasn't harmed by the delay, while tenant would suffer if he lost the apartment.

Great American Realty of Guy Lombardo Avenue LLC v. Jiminez: NYLJ, 1/9/08, p. 28, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)