Renewing Rent-Stabilized Lease Didn't Waive Chronic Nonpayment Claim
LVT Number: #25897
(Decision submitted by Paul Gruber of the Manhattan law firm of Borah Goldstein Altschuler Nahins & Goidel, P.C., which represented the landlord.)
Landlord sued to evict rent-stabilized tenant due to chronic nonpayment of rent. Tenant asked the court to dismiss the case because, after serving a lease termination notice based on the chronic nonpayment, landlord renewed tenant's lease. The court ruled against tenant, who appealed and lost. Under the Rent Stabilization Law and Code, landlord was required to renew tenant's rent-stabilized lease in order to preserve the status quo pending determination of the chronic nonpayment issue raised in the holdover eviction proceeding.
FM United LLC v. Wollin: 46 Misc.3d 126(A), 2014 NY Slip Op 51767(U) (App. T. 1 Dept.; 12/17/14; Schoenfeld, JP,. Shulman, Ling-Cohan, JJ)