Renewal Lease Offer During Pending Eviction Case Didn't Revoke Court Action

Landlord sued to evict rent-stabilized tenants for illegally subletting their apartment, for permitting overcrowding in violation of the lease, and for causing a need for repairs to the apartment. Tenants asked the court to dismiss the case since, after starting the eviction proceeding, landlord offered and tenants accepted a two-year renewal lease.

The court ruled against tenants. Although a termination notice had been served, until and unless the court issued a final ruling in the eviction case, tenants remained subject to rent stabilization and landlord was bound by the requirements of rent stabilization, including the obligation to offer a renewal lease. The fact that tenants requested and landlord granted a two-year renewal after they had signed a one-year renewal lease didn't change that. But landlord's notice to cure and termination notice were vague and confusing, and therefore the case must be dismissed. 

ML 1188 Grand Concourse LLC v. Khan: 60 Misc.3d 1215(A), 2018 NY Slip Op 51139(U) (Civ. Ct. Bronx; 7/16/18; Bacdayan, J)