Nonrenewal Notice Ineffective for Deemed Lease

Landlord sued to evict rent-stabilized tenant in 2012 for nonprimary residence after sending tenant a 90- to 150-day lease nonrenewal notice. Tenant claimed that landlord's nonrenewal notice was untimely because he last signed a two-year renewal lease in 2008 and that renewal expired in 2010. Tenant didn't sign his 2010 renewal lease offer because, without notifying landlord, he had moved to Colombia and left his son in the apartment. Landlord deemed the 2010 renewal lease after tenant didn't sign and return it. Tenant now argued that, since an appeals court had ruled in 2012 that the deemed lease provisions of the Rent Stabilization Code were unlawful, tenant didn't have a 2010 renewal lease and the nonrenewal notice didn't terminate his tenancy.

The court ruled for tenant. By law, tenant had no 2010 renewal lease. And the law could be applied retroactively to tenant's 2010 deemed renewal because the court didn't establish a new principle of law but only interpreted existing law of Real Property Law Section 232-C. 

Lee v. Jiminez: Index No. LYT 83785/12, NYLJ No. 1202624454076 (Civ. Ct. NY; 9/24/13; Saxe, J)