Tenant Had No Rent-Stabilized Lease and Never Paid Rent to New Landlord

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case and denied landlord's request for summary judgment granting possession without a trial. Landlord appealed and lost.  Although the DHCR had issued an order that tenant was rent stabilized, there was no lease agreement between the parties in effect when landlord started the case and none at the time the case was decided. The court also noted that both sides conceded that no rent was ever paid by tenant to the landlord. A nonpayment proceeding can stand only when there is a landlord-tenant relationship between the parties and there has been a default in the payment of rent under an agreement by which the premises are held. Tenant's rent-stabilized lease with the prior landlord had expired several years before new landlord commenced the nonpayment proceeding, and the lease wasn't renewed. Landlord also didn't allege or prove that tenant was in possession of the apartment under any agreement to pay rent. 

Reno Capital, LLC v. Alvillar: 2024 NY Slip Op 51202(U), 83 Misc.3d 136(A)(App. T. 2 Dept.; 8/30/24; Toussaint, PJ, Mundy, Ottley, JJ)