Landlord Must Renew Lease

April 1, 2004

LVT Number: 17223

Landlord sued to evict loft tenant after refusing to renew tenant's lease. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Landlord was barred from refusing to renew tenant's lease during an initial shortened term that followed the Loft Board's order setting the initial legal regulated rent. Landlord didn't prove that tenant received the benefit of a full, rent-stabilized lease term. Landlord sent tenant notice of nonrenewal during the initial lease term, which was due to end less than five months after it started.

Landlord sued to evict loft tenant after refusing to renew tenant's lease. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Landlord was barred from refusing to renew tenant's lease during an initial shortened term that followed the Loft Board's order setting the initial legal regulated rent. Landlord didn't prove that tenant received the benefit of a full, rent-stabilized lease term. Landlord sent tenant notice of nonrenewal during the initial lease term, which was due to end less than five months after it started.

Damasco v. Berger: NYLJ, 3/11/04, p. 26, col. 4 (App. Div. 1 Dept.; Ellerin, JP, Williams, Lerner, Marlow, JJ)

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