Nonprofit Tenant Claims It's Entitled to Rent-Stabilized Renewal Lease

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant in turn asked the court to dismiss the case and to order landlord to issue a renewal lease. Landlord claimed that Harlem United was a nonprofit entity that rented the apartment under government funding and wasn't entitled to a renewal lease when its lease expired on Aug. 31, 2019. Tenant argued that it provided supportive programs and services to vulnerable, impoverished individuals through "scatter site" apartments for its clients to live in under occupancy agreements. Tenant claimed that it was entitled to a renewal lease under Part J of the HSTPA. Landlord argued that the cited HSTPA provision was contained in the ETPA, but not in the Rent Stabilization Law.

The court pointed out that the ETPA is not a rent and eviction regulating law. It is an enabling act, which empowered NYC and other localities to extend rent stabilization. So HSTPA's amendment to ETPA Section 5(a)(11) applied to tenant's apartment. But tenant didn't show in its motion request any proof that it provides "permanent housing to individuals who are or were homeless or at risk of homelessness." So, a trial was needed to determine the facts.

520 Tinton, LP v. Harlem United: Index No. 39059/19, 2020 NY Slip Op 50717(U)(Civ. Ct. Bronx; 6/25/20; Lutwak, J)