Case Type

Holdover-Lease Expiration

Housing Type

Market Rate

Court

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT

County

Queens County (Queens)

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

2023-1391 Q C

Slip Opinion Number

2025 NY Slip Op 50824(U)

Petitioner

69-81 108th Realty, LLC

Respondent

Paul Zaroogian, "John Doe", "Jane Doe"

Judge

TOUSSAINT, Wavny; BUGGS, Chereé A.; MUNDY, Marina Cora

Decision/Order Date

2025-05-02

Posture

Post-answer Motion by Landlord

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In a holdover proceeding concerning a purportedly unregulated apartment, the landlord moved to dismiss the tenant's affirmative defenses and counterclaims, which alleged illegal deregulation and rent stabilization status, and sought summary judgment. The Appellate Term reversed the lower court, finding the tenant's rent stabilization allegations without merit as a matter of law. The court also held that claims of failure to provide reasonable accommodation are meritless in an end-of-lease holdover for an unregulated apartment. As the lease term expired and the landlord established prima facie entitlement to summary judgment, the landlord's motion was granted.

Keywords

Deregulation Proved; Mtn to Dismiss Granted; In a holdover proceeding where the subject premises was purportedly unregulated, the tenant raised claims alleging unlawful deregulation and rent regulation, but the landlord moved to dismiss and for summary judgment and Term found that, “as a matter of law”, landlord demonstrated the unlawful deregulation “allegation is without merit”. The court also found that the tenant’s claims of failure to offer a reasonable accommodation are “without merit in an end of lease holdover proceeding seeking to recover an unregulated apartment.” Because landlord demonstrated a prima facie entitled to summary judgment, and because the lease ended, the motions for summary judgment and to dismiss were granted.

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