Case Type

Holdover-Breach of Lease

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

L&T 310636/24

Slip Opinion Number

2025 NY Slip Op 25282

Petitioner

Yorkville Plaza Associates LLC

Respondent

Guo, Lana, JOHN DOE, JANE DOE

Judge

Guthrie, Clinton J.

Decision/Order Date

2025-12-26

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In this Good Cause Eviction Law (GCEL) holdover proceeding, the landlord sought to non-renew the tenant's month-to-month tenancy due to alleged nonpayment of rent under Real Property Law § 216(a)(i). The tenant moved to dismiss, arguing the absence of a formal lease and pleading defects. The landlord cross-moved to amend the petition. The court denied the tenant's motion, holding that RPL § 216(a)(i) does not mandate a formal rental agreement for non-renewal based on nonpayment, unlike summary nonpayment proceedings. The landlord's cross-motion to amend was granted. The court further clarified that "rent due and owing" under GCEL requires proof of rent, not merely use and occupancy. The case will proceed.

Keywords

GCEL; Holdover Under RPL § 216(1)(a)(i) May be Maintained Against Month-to-Month Tenant; Petition Amendment Allowed as to Alleged “Rent Due and Owing”; Under GCEL “Rent” and “Use and Occupancy” are Different and Distinct; Legislature Intended that “Rent Due and Owing” Grounds for Terminating GCEL Tenancy Does Not Include Claim for Use and Occupancy

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