Retroactive Renewal Lease Offer to Martin Act Tenant Was Invalid

Landlord, a cooperative sponsor and proprietary lessee, sued to evict the tenant of its sponsor-owned co-op apartment, claiming that the unit was subject to the Martin Act but not to rent stabilization and that tenant had failed to renew his lease for the apartment. Tenant claimed that landlord's renewal lease offer was improper and asked the court to dismiss the case.

The court ruled for tenant. While it would be unfair to strictly apply the requirements of the RSC to a Martin Act tenancy when the legislature hadn't shown any intent to implement a comprehensive statutory scheme in that context, it was helpful to look at requirements under the RSC, which required very specific time frames to determine the timeliness of a renewal offer. Here, landlord offered tenant a lease renewal over four months after the prior lease expired and provided that the lease would commence four months in the past. If this was a valid offer, the lease should have commenced after the new lease was offered or offered the tenant the option of when the lease would start. Instead, the lease offer was invalid, and the case was dismissed.

Aero Mgt. Co. v. Moghadasian: Index No. LT-312886-23, 2024 NY Slip Op 34062(U)(Civ. Ct. Queens; 11/20/24; Thermos, J)