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
309058/2025
Slip Opinion Number
50054(U)
Petitioner
Shared Cooper LLC
Respondent
Lucas Callejas, Rosa Ramos
Judge
Stoller, Jack
Decision/Order Date
2026-01-20
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The landlord initiated a Good Cause Eviction Law (GCEL) holdover proceeding, seeking possession based on the tenant's alleged failure to pay rent. After a trial, the court dismissed the petition with prejudice, finding the landlord did not establish good cause under RPL § 216[1][a][i]. While the tenant sometimes paid rent late, evidence showed consistent curing of arrears, and the tenant was fully current before the predicate notice. The court determined that for "failure to pay rent due and owing" under GCEL, chronic delinquency and prejudice to the landlord must be proven, which was not demonstrated here.
Keywords
GCEL; Holdover Alleging Nonpayment of Rent as Good Cause for Eviction Dismissed After Trial; RPL § 216[1][a][i] – Trial Evidence Showed Tenant Periodically Paid Rent Late But Always Cured & Was Fully Current Before 90-day Termination Notice Served – No Good Cause to Evict Under GCEL Absent Chronic Delinquency in Payment and Prejudice to Landlord
Recommended Citation
"Shared Cooper LLC v. Callejas" (2026). All Decisions. 2078.
https://ir.lawnet.fordham.edu/housing_court_all/2078
