Tenant Failed to Renew Rent-Stabilized Lease

Landlord sued to evict rent-stabilized tenant for failing to renew her lease. The court ruled for landlord but permanently stayed issuance of an eviction warrant on the condition that tenant pay use and occupancy at the rental rate set forth in the 2012 renewal lease. Tenant appealed and lost. Landlord was entitled to a possessory judgment based on tenant's failure to return the renewal lease on time. But since the elderly, long-term tenant ultimately signed the renewal lease and presented it in court, the appeals court permanently stayed the eviction provided tenant paid the use and occupancy as ordered. Tenant had lived in the apartment for 45 years.

Marsid Realty Co. v. Liu: 44 Misc.3d 135(A), 2014 NY Slip Op 51206(U) (App. T. 1 Dept.; 8/11/14; Schoenfeld, JP, Shulman, Ling-Cohan, JJ)