Landlord's ETPA Renewal Lease Offer Didn't Waive Termination Notice

Landlord sued to evict rent-stabilized ETPA tenant for a lease violation based on chronic nonpayment of rent. Landlord claimed that it had to commence three nonpayment proceedings against tenant within a 20-month period. Tenant asked the court to dismiss the case because landlord offered tenant a renewal lease after sending the termination notice based on chronic nonpayment. The court ruled against tenant. Some appellate courts have ruled that, since landlords are legally obligated to offer rent-stabilized tenants renewal leases, an offered renewal lease doesn't vitiate the termination notice sent to tenant. Landlord has no obligation to offer an ETPA tenant a renewal lease only when the landlord-tenant relationship is severed by issuance of an eviction warrant. And chronic nonpayment of rent wasn't among the grounds listed in ETPR Section 2504.4 as grounds for not offering tenant a renewal lease. 

Grandview Park Associates, LLC v. Lundy: Index No. 0100-19, 2019 NY Slip Op 29211 (City Ct. Mt. Vernon; 7/3/19; Johnson, J)