Case Type
Holdover-Lease Expiration
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-312491-24/NY
Slip Opinion Number
2026 NY Slip Op 32066(U)
Petitioner
EVMF OWNER, LLC
Respondent
ANNE LYNN HAYASHI
Judge
Ferdinand, Tracy E.
Decision/Order Date
2026-01-21
Posture
Other
Disposition
Other
Winner
Other
Synopsis
In this consolidated non-renewal holdover seeking eviction under GCEL's demolition ground (RPL § 216[h]), the court denies both the landlord's motion to strike the tenants' defenses and the tenants' motions to dismiss. The court holds 'housing accommodation' under RPL § 211[1] includes individual units, but finds the landlord's architectural report insufficient to prove demolition rather than renovation, leaving that factual dispute for trial under a clear-and-convincing standard.
Keywords
GCEL; Demolition of “Housing Accommodation” as Good Cause to Evict; RPL § 216[h]; Motion to Strike Tenants’ Defenses Denied Because Landlord’s Architecture’s Report is Unsupported by Expert Testimony; Landlord Failed to Establish Prima Facie Proof of Landlord’s Plans to Demolish Apartments; Tenants’ Motions to Dismiss Denied Because GCEL Term “Housing Accommodation” Under RPL § 211[1] Includes Individual Residential Units; Factual Dispute to be Resolved at Trial Whether Landlord Plans to “Demolish” or “Renovate”
Recommended Citation
"EVMF Owner, LLC v Hayashi" (2026). All Decisions. 2244.
https://ir.lawnet.fordham.edu/housing_court_all/2244
