Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
312028/23
Slip Opinion Number
2024 NY Slip Op 51745(U)
Petitioner
Sterling Apt LLC
Respondent
Chrisopher Norvell
Judge
Poley, Julie
Decision/Order Date
2024-08-09
Posture
Pre-answer Motion by Tenant
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding, the tenant moved to dismiss, arguing there was no valid lease in effect. The court granted the motion. Despite the landlord's argument that acceptance of ERAP payments created an implied lease, the court held that this did not apply to rent-stabilized tenancies. The court distinguished cases involving unregulated tenancies and emphasized that the appropriate course of action for the landlord was to pursue a holdover proceeding for failure to renew the lease.
Recommended Citation
"Sterling Apt LLC v. Norvell" (2024). All Decisions. 1722.
https://ir.lawnet.fordham.edu/housing_court_all/1722
