Case Type
Non-payment
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-307998-25/KI
Petitioner
1770 Dean Inc
Respondent
Antonique Paul-Sommerville
Judge
Jimenez, Sergio
Decision/Order Date
2026-07-31
Posture
Post-Answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this unregulated nonpayment proceeding, the court granted the tenant's motion for summary judgment and dismissed the petition for lack of a lease agreement. The court distinguished a prior Appellate Term holding, finding that the regulatory status of the unit made the prior decision inapplicable. The court also rejected the landlord's argument that RPL § 226-c's language about 'continuance of existing terms' creates an automatic lease renewal after expiration, holding that such an interpretation conflicts with RPL § 232-c and that payment of rent after a lease expires does not create an involuntary leasehold by statute.
Keywords
Unregulated Tenancy; Nonpayment; Lease Expiration; RPL § 226-c Does Not Create Automatic Lease Renewal
Recommended Citation
"1770 Dean Inc v. Paul-Sommerville" (2026). All Decisions. 2347.
https://ir.lawnet.fordham.edu/housing_court_all/2347
