Rent-Stabilized Tenant Had No Lease in Effect

March 9, 2024

LVT Number: #33098

Landlord sued in August 2023 to evict rent-stabilized tenant for nonpayment of rent between August 2022 and June 2023. Among other things, tenant pointed out that she didn't have a renewal lease from 2019 through September 2023 and that there was no lease in effect when landlord started the court proceeding in August 2023. Since the prior landlord or a building receiver had failed to issue a renewal lease to tenant for the cited period, the court granted tenant's request to dismiss the case pursuant to CPLR Section 3211(a)(7). 

Landlord sued in August 2023 to evict rent-stabilized tenant for nonpayment of rent between August 2022 and June 2023. Among other things, tenant pointed out that she didn't have a renewal lease from 2019 through September 2023 and that there was no lease in effect when landlord started the court proceeding in August 2023. Since the prior landlord or a building receiver had failed to issue a renewal lease to tenant for the cited period, the court granted tenant's request to dismiss the case pursuant to CPLR Section 3211(a)(7). 

594 Rogers BH LLC v. Frederick: Index No. LT323174/2023, 2024 NY Slip Op 50108(U), NYLJ No. 1707130864 (Civ. Ct. Kings; 2/2/24; Cohen, J)

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