Case Type

Holdover-Lease Expiration

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

LT-341633-24/BX

Slip Opinion Number

2025 NY Slip Op 51941(U)

Petitioner

Newstart Properties Inc

Respondent

Ramona Hill, JOHN DOE, JANE DOE

Judge

Lutwak, Diane E

Decision/Order Date

2025-12-09

Posture

Other

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In this holdover proceeding, the landlord sought to evict the tenant for failing to sign a renewal lease for a Rent Stabilized apartment. After trial, the court dismissed the proceeding without prejudice, finding that the landlord's renewal lease offer was untimely under Rent Stabilization Code § 2523.5(a) because the previous lease expired in December 2021, but the offer was made in May 2024. Consequently, the landlord failed to comply with RSC § 2523.5(c)(1), which requires that untimely offers for renewal leases apply the rent guidelines rate in effect on the commencement date of the lease for which a timely offer should have been made, leading to lower rent increase rates that were not reflected in the landlord's offer.

Keywords

Failure to Renew Rent-Stabilized Lease; Petition Dismissed After Trial; Renewal Lease Untimely Under RSC § 2523.5(a) & Failed to Comply with RSC § 2523.5(c)(1)

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