Renewal of Rent-Stabilized Lease During Nonpayment Case Didn't Create New Tenancy
LVT Number: #33137
Landlord sued to evict rent-stabilized tenant for nonpayment of rent. While that case was pending tenant's lease expired. Landlord offered a renewal lease, but tenant failed to sign it. Landlord then started a holdover eviction proceeding against tenant for failure to renew his lease. The holdover case was settled by attorneys for both sides, and tenant signed the renewal lease. Landlord then asked the court to restore the nonpayment proceeding to the calendar since an ERAP stay in that case had now expired. In response, tenant asked the court to dismiss the nonpayment proceeding. Tenant claimed that, by settling the holdover proceeding, a new tenancy had been created under a new lease and this precluded landlord from litigating the existing nonpayment case.
The court disagreed. Landlord never issued any notice terminating the tenancy. The rent-stabilized tenancy simply was renewed when tenant signed the renewal lease. So landlord could go forward with the nonpayment proceeding.
2 No. 6th PL Prop. Owner LLC v. Golriz: Index No. 55330/2020, 2024 NY Slip Op 50173(U), 81 Misc 3d 1247(A)(Civ. Ct. Kings/ 1/19/24; Poley, J)