Case Type
Holdover-Nuisance
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-302801-25/NY
Slip Opinion Number
2025 NY Slip Op 34136(U)
Petitioner
EQR-228 WEST 71st LLC
Respondent
LASHAWN FORD
Judge
Ferdinand, Tracy E.
Decision/Order Date
2025-11-06
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding alleging nuisance, the tenant moved for summary judgment, asserting the landlord failed to state a cause of action by not marking the specific good cause ground on the required GCEL notice, despite acknowledging the premises was subject to GCEL. The landlord argued GCEL applied only to non-renewal cases, not to terminations based on conduct. The court disagreed, holding that GCEL applies to all tenants in covered housing accommodations irrespective of lease expiration or tenancy type. Since the landlord failed to specify the applicable good cause basis in the GCEL notice, the tenant's motion for summary judgment was granted, and the proceeding was dismissed.
Keywords
GCEL; Landlord Must State Grounds For Eviction; GCEL Applies To All Tenants In Covered Housing Accommodations; RPL § 211
Recommended Citation
"EQR-228 W. 71st LLC v. Ford" (2025). All Decisions. 2036.
https://ir.lawnet.fordham.edu/housing_court_all/2036
