Renewal Offer During Eviction Appeal Didn't Reinstate Tenancy

Landlord sued to evict rent-stabilized tenant for illegal drug activities at the apartment. The court ruled for landlord, and tenant appealed. While tenant's appeal was pending, landlord offered tenant a renewal lease. After the appeals court ruled against tenant, tenant claimed that landlord had reinstated her tenancy by giving her the renewal lease. She asked the court to vacate the judgment and eviction warrant. The court and appeals court ruled against tenant. Landlord offered tenant a renewal lease as required by Rent Stabilization Code Section 2523.5. But tenant's execution of the lease didn't revive her tenancy since it had already been terminated. Given the code requirements and the circumstances under which landlord offered tenant the renewal lease, it can't reasonably be said that landlord entered, or intended to enter, into a renewal lease with tenant.

J.H.B., L.P. v. Martin: NYLJ, 6/4/08, p. 39, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)