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
App. Term No. 571174/25
Slip Opinion Number
2026 NY Slip Op 50643(U)
Petitioner
80 VARICK STREET GROUP, L.P.
Respondent
DARLENE LUTZ
Judge
James, P.J.; Brigantti, J.; Alpert, J. (Per Curiam)
Decision/Order Date
2026-05-07
Posture
Other
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this failure-to-renew holdover, the Appellate Term reverses the Civil Court and restores a 45-year rent-stabilized tenant to possession on conditions. The tenant was evicted on a default judgment entered within months of the proceeding commencing. The court finds the default was not willful — the tenant had temporarily relocated due to facade work and health issues — and that equity warrants restoration conditioned on signing the renewal lease and paying all arrears, noting the landlord had declined to accept a $150,000 certified check tendered by the tenant.
Keywords
Post-Eviction Order To Show Cause; Long-Term Rent Stabilized Tenancy; Tenant Restored To Possession; Default Not Willful; Equitable Relief; Failure To Renew Lease; Tenant Able To Pay Arrears
Recommended Citation
"80 Varick St. Group, L.P. v Lutz" (2026). All Decisions. 2255.
https://ir.lawnet.fordham.edu/housing_court_all/2255
