Landlord Renewed Tenant's Lease After Terminating Tenancy

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord sent tenant a renewal lease after terminating the tenancy. Landlord argued that it was required by the Rent Stabilization Law to renew tenant’s lease and that this shouldn't be construed as a waiver of the termination notice. The court ruled for tenant and dismissed the case. Although there was First Department appeals court authority supporting landlord’s position, the Second Department where landlord’s building was located had ruled differently. Nothing in the renewal lease that landlord offered to tenant alerted tenant that landlord merely sent the renewal to comply with mechanical requirements of the Rent Stabilization Code or preserved landlord’s rights under pending litigation.

757 Miller Owners, LLC v. Smith: Index No. L&T 69079/2016, NYLJ No. 1202780573592 (Civ. Ct. Kings; 2/17/17; Kuzniewski, J)