Holdover-Breach of Lease
Civil Court of the City of New York
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
BEC CONTINUUM OWNER LLC
FABIAN FOSTER, ET AL
Weisberg, Michael L.
Post-answer Motion by Landlord
Motion Granted for Tenant
Tenant Substantially Won
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.
"BEC CONTINUUM OWNER LLC v. FABIAN FOSTER, ET AL" (2024). All Decisions. 1295.