Case Type
Holdover-Lease Expiration
Housing Type
Unregulated
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
305037/2021
Petitioner
LESMHA LP
Respondent
Robert Vasquez
Judge
Jack Stoller
Decision/Order Date
2024-02-14
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The landlord commenced a holdover proceeding against the tenant for failure to renew a rent-stabilized lease. The court dismissed the petition, finding the premises were not subject to rent stabilization based on regulatory agreements requiring income-based rents set by DHCR, not RGB orders. The tenant's counterclaim for rent overcharge was also dismissed as rent stabilization was inapplicable. While the tenant had renewed prior leases on rent-stabilized forms, the parties cannot agree to rent regulatory status contrary to the statutory criteria. The court declined to apply collateral estoppel from prior proceedings due to lack of documentation establishing identity of issues.
Recommended Citation
"LESMHA LP v. Vasquez" (2024). All Decisions. 1375.
https://ir.lawnet.fordham.edu/housing_court_all/1375
