Landlord Must Prove Intent to Withdraw Apartment from Rental Market
LVT Number: #33686
Landlord sued to eject month-to-month tenant. Landlord asked the court to rule in its favor without trial and to strike tenant's defenses. Landlord claimed that the apartment had been withdrawn from the rental market in order to convert the building to condominium apartments. Tenant argued that landlord didn't comply with the requirements of the Good Cause Eviction Law and therefore should deny landlord's request.
The court ruled against landlord, finding that additional facts were needed to decide whether landlord had good cause to terminate the tenancy. Although the requirement to send tenants a GCE notice didn't take effect until Aug. 18, 2024, the grounds limiting recovery of apartments except for good cause took effect on April 20, 2024, and applied to all actions commenced on or after that date. Based on conflicting statements and landlord's failure so far to produce documentary proof of good cause to remove tenant's apartment from the rental market or to provide tenants with notice of good cause for their eviction, landlord's request for summary judgment must be denied although it could be renewed after discovery was completed. The GCE law applied to ejectment actions to prevent landlords from seeking eviction of any person entitled to the lawful possession, use, or occupancy of any housing accommodation.
509 Throop Partners LLC v. Vages: Index No. 511565/2024, 2025 NY Misc. LEXIS 2649 (Sup. Ct. Kings; 4/18/25; Swern, J)