Case Type

Holdover-Lease Expiration

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

New York (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

313357-23

Slip Opinion Number

2024 NY Slip Op 24035

Petitioner

West 92nd Associates LLC

Respondent

Maher Hussein, "JOHN DOE" AND"JANE DOE"

Judge

Bacdayan, Karen May

Decision/Order Date

2024-02-08

Posture

Post-answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this case, a landlord initiated a holdover proceeding against the tenant for failure to sign a renewal lease in a rent-stabilized apartment. The tenant argued that there was no initial rent-stabilized lease to renew and that the landlord failed to provide a proper lease offer with required riders explaining the tenant's rights under the Rent Stabilization Law. The court found that the landlord's notice contained a material misstatement about the lease expiration date and that the landlord failed to comply with DHCR requirements for lease renewal offers. The court dismissed the landlord's motion for summary judgment, granted the tenant's motion for summary judgment, and severed the counterclaim for attorney's fees for further proceedings. Key Legal Points include the requirement for landlords to provide proper lease renewal offers with necessary riders explaining tenant rights under rent stabilization laws and the inability of landlords to terminate tenancies without a valid lease in effect.

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