You are here: / / THE HOUSING STABILITY AND TENANT PROTECTION ACT (HSTPA), BY ITS TERMS,...
,

THE HOUSING STABILITY AND TENANT PROTECTION ACT (HSTPA), BY ITS TERMS, APPLIES TO THIS HOLDOVER ACTION WHICH WAS PENDING WHEN THE HSTPA WAS ENACTED BUT HAS NOT PROCEEDED TO JUDGMENT; THEREFORE THE ACT NEED NOT BE APPLIED RETROACTIVELY TO PRECLUDE THE HOLDOVER ACTION (SECOND DEPT).

The Second Department, in a full-fledged opinion by Justice Ford, reversing the Appellate Term, determined the Housing Stability and Tenant Protection Act (HSTPA), which was enacted after the landlord brought the holdover proceedings but before judgment, applied to preclude the holdover action. The First Department did not need to determine whether the HSTPA applied retroactively. Under the terms of the statute, the Act applies to actions which were pending when it was enacted:

As of the date of the enactment of HSTPA, the petitioner had not yet obtained judgments of possession of the respondents’ respective apartments. The application of the subject provision of HSTPA, under these circumstances, does not expand the scope of the petitioner’s liability based on prior conduct, nor impair other rights the petitioner possessed in the past …  When HSTPA was enacted, the petitioner had no vested right to recover any units in the building for personal use … . Thus, application of HSTPA here has no potentially problematic retroactive effect … .

HSTPA unequivocally states that the subject amendments to the Rent Stabilization Law of 1969 applied to matters pending as of the date of HSTPA’s enactment … . As there is no potentially problematic retroactive effect to the amended provision in this matter, and it is undisputed that the petitioner is not entitled to the relief sought pursuant to the amended provision, the respondents were entitled to dismissal of the respective petitions pursuant to CPLR 3211(a)(7) … . Matter of Karpen v Andrade, 2025 NY Slip Op 03719, Second Dept 6-18-25

Practice Point: Where there has not been a judgment in a holdover action which was pending whin the HSTPA was enacted, there is no need to determine whether the Act should be applied retroactively. The Act, by its terms, applied to the pending action.

 

You might also like
ALTHOUGH DEFENDANT CORPORATION WAS NOT PERSONALLY SERVED WITH THE SUMMONS AND COMPLAINT, SUPREME COURT DID NOT ABUSE ITS DISCRETION IN REFUSING TO VACATE THE DEFAULT JUDGMENT, DEFENDANT DID NOT ADEQUATELY EXPLAIN ITS CLAIM THAT NOTICE BY MAIL WAS NOT RECEIVED (SECOND DEPT).
PLAINTIFF BANK’S EVIDENCE OF STANDING TO BRING THE FORECLOSURE ACTION WAS INADMISSIBLE HEARSAY (SECOND DEPT).
SAME-SEX SPOUSE OF BIOLOGICAL MOTHER HAD STANDING TO SEEK VISITATION WITH CHILDREN CONCEIVED BY ARTIFICIAL INSEMINATION; CALIFORNIA MARRIAGE RECOGNIZED UNDER PRINCIPLES OF COMITY.
OBJECTIVE MEASUREMENTS ARE NOT NECESSARY TO PROVE A SIDEWALK HEIGHT DIFFERENTIAL DEFECT IS TRIVIAL; HOWEVER, HERE THE DEPOSITION TESTIMONY, THE PHOTOGRAPHS AND THE OPINION OF A HUMAN FACTORS EXPERT (WHICH WAS NOT BASED ON OBJECTIVE MEASUREMENTS) DID NOT SUPPORT SUPREME COURT’S FINDING THE DEFECT IS TRIVIAL AS A MATTER OF LAW (SECOND DEPT).
Vicious Propensities Not Demonstrated, Summary Judgment Properly Awarded to Defendants
PETITIONERS DID NOT HAVE STANDING TO OBJECT TO CONSTRUCTION ON PARK LAND.
Absent a Private Right of Action Expressly Granted by Statute, An Association Created by Statute Does Not Have the Capacity to Sue
DEFENDANT SHOULD HAVE BEEN ESTOPPED FROM CLAIMING THE ADDRESS IN THE AFFIDAVIT OF SERVICE WAS NOT HIS DWELLING PLACE; DEFENDANT TOOK AFFIRMATIVE STEPS TO MISLEAD THE PARTY ATTEMPTING TO SERVE HIM (SECOND DEPT). ​

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

HERE THE HOSPITAL DEFENDANTS WERE NOT ENTITLED TO SUMMARY JUDGMENT ON THE DISABILITY... SUPREME COURT HAS SUBJECT MATTER JURISDICTION OVER THIS PROCEEDING UNDER CPLR...