Case Type

Holdover-Lease Expiration

Housing Type

Rent Stabilized

Court

Supreme Court, Appellate Term, First Department

County

New York County (Manhattan)

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

570225/26

Slip Opinion Number

50593(U)

Petitioner

Clermont York 82nd St. LLC.

Respondent

EJ Zgodny

Judge

Brigantti; Tisch; Alpert; Guthrie, Clinton J.

Decision/Order Date

2026-04-28

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

The Appellate Term affirmed the Civil Court's dismissal of a landlord's holdover petition. The landlord sought to evict the tenant for failing to sign rent-stabilized renewal lease offers after the apartment, previously improperly deregulated due to J-51 tax benefits, was re-registered. The court found that the renewal lease offers were improper because the landlord failed to provide an initial stabilized lease and the renewals lacked mandatory components, such as a stabilization rider and registration statement, thereby justifying the tenant's refusal to sign. The court also noted that the rent calculation should adhere to HSTPA amendments.

Keywords

Failure to Sign Improper Rent Stabilized Lease; J-51 Tax Abatement; Improper Deregulation; After Roberts Apartment Must be Re-Registered

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