Case Type
Non-payment
Housing Type
Rent Stabilized
Court
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2023-630 K C
Slip Opinion Number
83 Misc 3d 136(A)
Petitioner
Reno Capital, LLC
Respondent
Stella Tranquilina Alvillar, Also Known as Estella Castanadeos, et al.
Judge
Golden, Tashanna
Decision/Order Date
2024-08-30
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The court affirmed that a nonpayment proceeding requires a landlord-tenant relationship based on a valid rent agreement. Here, no lease existed between landlord and tenant at the time of filing, and no rent was ever paid. Without a rent-paying agreement, the landlord cannot sustain a nonpayment action under RPAPL § 711(2). The tenant's motion for summary judgment was granted, and the landlord's petition was dismissed.
Recommended Citation
"Reno Capital, LLC v Alvillar" (2024). All Decisions. 1634.
https://ir.lawnet.fordham.edu/housing_court_all/1634
