Rent-Stabilized Tenant Still Responsible for Rent If Renewal Lease Not Offered

October 23, 2019

LVT Number: #30415

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant argued that, because his last renewal lease expired on July 31, 2017, and he had no current renewal lease, he didn't owe rent. The court ruled for landlord. If landlord failed to offer tenant a renewal lease, the effect was that tenant had the same rights as if the expiring lease was still in effect. In other words, tenant must pay the rent listed in the last renewal lease plus an MCI rent increase that became effective after his last renewal lease commenced.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant argued that, because his last renewal lease expired on July 31, 2017, and he had no current renewal lease, he didn't owe rent. The court ruled for landlord. If landlord failed to offer tenant a renewal lease, the effect was that tenant had the same rights as if the expiring lease was still in effect. In other words, tenant must pay the rent listed in the last renewal lease plus an MCI rent increase that became effective after his last renewal lease commenced. The court gave landlord a final judgment of possession and a money judgment for $8,900. 

NYSANDY12 CBP7 LLC v. Negron: 2019 NY Slip Op 51452(U) (Civ. Ct. Bronx; 9/10/19; Lutwak, J)

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