Case Type

Holdover-Lease Expiration

Housing Type

Rent Stabilized

Court

Appellate Division, First Department

County

New York County (Manhattan)

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

LT-052122-20/NY

Slip Opinion Number

2026 NY Slip Op 01023

Petitioner

West Side Marquis LLC

Respondent

Carlos Maldonado, John Doe et al.

Judge

Kern, Friedman, Rodriguez, Pitt-Burke, Rosado

Decision/Order Date

2026-02-24

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

The Appellate Division reversed the Appellate Term, granting the tenant's cross-motion for summary judgment and dismissing the landlord's holdover petition. The landlord failed to timely offer a renewal lease to a successor tenant until after the Housing Stability and Tenant Protection Act (HSTPA) was enacted. The court held that the HSTPA applies, requiring the landlord to offer the renewal lease on the same terms and conditions as the predecessor's prior lease, including the preferential rent. The landlord could not leverage its own delay to avoid the HSTPA's provisions, as the tenant was entitled to a renewal lease prior to the law's enactment, and the lease offer was made post-HSTPA.

Keywords

Renewal Lease Must be Offered on Same Terms and Conditions; Successor Tenant Entitled to Predecessor’s Preferential Rent; Rent in a Post-HSTPA Lease Renewal Cannot Exceed Preferential Rent

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