Case Type
Holdover-Breach of Lease
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
310995/22
Petitioner
BEC CONTINUUM OWNER LLC
Respondent
FABIAN FOSTER, ET AL
Judge
Weisberg, Michael L.
Decision/Order Date
2024-01-22
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The landlord brought a holdover proceeding against the tenant for breach of lease. The court denied the landlord's motion, finding that the lease did not contain a conditional limitation permitting early termination. The court also found that the Rent Stabilization Code does not create grounds for eviction in summary proceedings, and that the landlord must seek the tenant's eviction in an ejectment action. Key Legal Points: (1) A conditional limitation is required for early termination of a rent-stabilized lease in a summary proceeding; (2) The Rent Stabilization Code does not create grounds for eviction in summary proceedings; and (3) A landlord may seek a tenant's eviction in an ejectment action even if the lease does not contain a conditional limitation.
Recommended Citation
"BEC CONTINUUM OWNER LLC v. FABIAN FOSTER, ET AL" (2024). All Decisions. 1295.
https://ir.lawnet.fordham.edu/housing_court_all/1295
