Lease Expiration, termination of month-to-month letting
Market Rate; Deregulated; Private
Civil Court of the City of New York
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
BH VYES LLC
Thermos, Kimon C.
Post-answer Motion by Tenant
Motion Granted for Tenant
Tenant Substantially Won
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.
"BH VYES LLC v Jones" (2016). All Decisions. 826.