Court Applies Good Cause Eviction Law to Dismiss Holdover Proceeding Based on Nonpayment

LVT Number: #33424

Landlord sued to evict tenant after a 90-day nonrenewal notice expired. Landlord claimed that it wasn't renewing the lease because tenant owed more than $30,000 in back rent. The case was commenced after the Good Cause Eviction Law (GCEL) took effect in April 2024. The court granted tenant's request to dismiss the case. The GCEL applied to the case and, although tenant owed substantial arrears, nonpayment of rent can't serve as a grounds for not renewing tenant's lease.

Landlord sued to evict tenant after a 90-day nonrenewal notice expired. Landlord claimed that it wasn't renewing the lease because tenant owed more than $30,000 in back rent. The case was commenced after the Good Cause Eviction Law (GCEL) took effect in April 2024. The court granted tenant's request to dismiss the case. The GCEL applied to the case and, although tenant owed substantial arrears, nonpayment of rent can't serve as a grounds for not renewing tenant's lease. Although the GCEL provided for nonpayment as a grounds for eviction, landlord had to commence a nonpayment proceeding rather than a holdover proceeding as it did here. The court also stated that although an effective lease would be needed in order to bring a nonpayment proceeding, the landlord would first have to offer tenant a renewal lease and could then serve a nonrenewal notice for failure to sign the renewal.

1719 Gates LLC v. Torres: Index No. 307606/2024, 2024 NY Slip Op 24249 (Civ. Ct. Queens; 9/23/24; Schiff, J)