Case Type
Holdover
Holdover Type
Lease Expiration, termination of month-to-month letting
Housing Type
Market Rate; Deregulated; Private
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
73128/2015
Petitioner
BH VYES LLC
Respondent
JONES
Judge
Thermos, Kimon C.
Decision/Order Date
2016-07-11
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
LL brought a no-cause holdover terminating a month-to-month tenancy after the market-lease expired. The premises are alleged to be deregulated pursuant to a high-rent vacancy occurring just prior to the renter's tenancy started. The DHCR rent history shows a number of vacancy increases and then the tenant's first lease was offered at a rate lower than last legally registered RS rent. The court agreed that there is ample need for discovery for the limited purpose of establishing whether the premises are indeed exempt from regulation under the rent stabilization law, pursuant to NYU v Farkas. Discovery granted for 4-year look-back period, not more.
Recommended Citation
"BH VYES LLC v Jones" (2016). All Decisions. 826.
https://ir.lawnet.fordham.edu/housing_court_all/826
