Case Type
Other
Housing Type
Other
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-323243-24/BX
Slip Opinion Number
2026 NY Slip Op 50479(U)
Petitioner
UNIVERSITY RIVERVIEW ASSOC.
Respondent
NORMA CHISHOLM; JOHN DOE; JANE DOE
Judge
Lutwak, Diane E.
Decision/Order Date
2026-04-06
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Court denied discovery, granted landlord's cross-motion to amend the petition to allege GCEL coverage, but then dismissed the amended petition under RPAPL § 741(4) for failure to state any facts about unpaid rent due and owing. Court held that the GCEL ground of nonpayment (RPL § 216[1][a][i]) requires the petition to allege specific facts about unpaid rent, and that alleging only a sum of use and occupancy owed was insufficient because 'rent' and 'U&O' are legally distinct terms, and failure to pay use and occupancy does not constitute a 'good cause' ground for lease non-renewal under GCEL.
Keywords
Good Cause Eviction Law; GCEL; RPL § 216(1)(a)(i); Nonpayment Of Rent As Good Cause; Amended Petition Dismissed; Use And Occupancy Not Rent; RPAPL § 741[4]; Failure To State Facts
Recommended Citation
"University Riverview Assoc. v. Chisholm" (2026). All Decisions. 2261.
https://ir.lawnet.fordham.edu/housing_court_all/2261
