Case Type
Holdover-Lease Expiration
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
L&T 307806-24
Slip Opinion Number
2024 NY Slip Op 24249
Petitioner
1719 Gates LLC
Respondent
Dianne Torres, et al.
Judge
Schiff, Logan J.
Decision/Order Date
2024-09-23
Posture
Post-answer Motion by Landlord
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
The landlord initiated a holdover proceeding against the tenant seeking to recover the premises based on the expiration and non-renewal of the tenant's lease. The landlord argued that the tenant owed rent arrears and that this constituted a "good cause" for eviction under the Good Cause Eviction Law (GCEL). However, the court dismissed the petition, finding that GCEL does not allow a holdover based solely on a tenant owing rent arrears and that the landlord's legal remedy is to commence a nonpayment proceeding. The court emphasized that the legislature intended to impose additional conditions to evict tenants covered by GCEL and that the statute did not create new causes of action for summary eviction proceedings.
Recommended Citation
"1719 Gates LLC v. Torres" (2024). All Decisions. 1631.
https://ir.lawnet.fordham.edu/housing_court_all/1631
