Case Type

Holdover-Lease Expiration

Housing Type

Rent Stabilized

Court

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

County

New York (Manhattan)

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

570015/24

Slip Opinion Number

2024 NY Slip Op 50454(U)

Petitioner

West Side Marquis LLC

Respondent

Brenda De Jourdan, and Evelyn De Jourdan, Elan De Jourdan, "John Doe" and "Jane Doe"

Judge

Hagler, P.J., Brigantti, Perez, JJ.

Decision/Order Date

2024-04-23

Posture

Post-answer Motion by Tenant

Disposition

Motion Denied for Tenant (Reversed on Appeal)

Winner

Landlord Won on Appeal

Synopsis

The landlord sought to evict a rent-stabilized tenant after the lease expired. The tenant claimed rights under the Housing Stability and Tenant Protection Act of 2019 (HSTPA), but the court ruled it didn't apply because the tenant's right to a renewal lease arose earlier. There may also be a separate agreement between the parties that applies. HSTPA doesn't apply retroactively. Rent-stabilized tenants may have additional rights under agreements with their landlord.

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