Nonpayment Proceeding Sought Rent for Period When Tenant Had No Lease

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in August 2023, seeking rent arrears for the period between August 2022 through June 2023 at $1,451 per month. Tenant asked the court to dismiss the case because he didn't have a renewal lease from 2019 through September 2023, and there was no lease in effect when landlord commenced the court proceeding in August 2023. The court ruled for tenant and dismissed the case. Under RPAPL Section 711, a nonpayment proceeding can stand only when there's a landlord-tenant relationship between the parties and there has been a default in the payment of rent pursuant to an agreement under which the premises are held.  The court also stated that landlord could commence a plenary action for use and occupancy owed for the period in question, or commence a holdover eviction proceeding under RSC Section 2524.3(f) if past renewal leases were offered to tenant but not signed.

594 Rogers BH LLC v. Frederick: Index No: LT # 323174-2023 (Civ. Ct. Kings; 2/27/24; Frederick, J)