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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.

 

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