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PURSUANT TO THE HOUSING STABILITY AND TENANT PROTECTION ACT (HSTPA) AND NEW YORK CITY’S RENT STABILIZATION LAW (RSL), THE TENANT WAS ENTITLED TO BUT WAS NEVER OFFERED A RENEWAL LEASE UNDER THE TERMS OF THE PRIOR LEASE SIGNED BY HIS GRANDMOTHER; THE LANDLORD’S HOLDOVER AND EVICTION PETITION SHOULD HAVE BEEN DISMISSED (FIRST DEPT).

The First Department, reversing Appellate Term, determined the landlord’s holdover and eviction petition should have been dismissed. The tenant was entitled to a renewal lease pursuant to the Rent Stabilization Law and the Housing Stability and Tenant Protection Act (HSTPA). The landlord never provided a renewal lease:

The Housing Stability and Tenant Protection Act (HSTPA) was enacted on June 14, 2019 and became effective immediately … . The HSTPA restricts a landlord’s right to withdraw a previously offered preferential rent, even if properly preserved in the lease. Specifically, Rent Stabilization Law § 26-511(c)(14) provides that for “any tenant who . . . is or was entitled to receive a renewal or vacancy lease” as of the date of the HSTPA’s enactment, “the amount of rent for such housing accommodation that may be charged and paid shall be no more than the rent charged to and paid by the tenant prior to that renewal, as adjusted by the most recent applicable guidelines increases and any other increases authorized by law.” … . * * *

Where a landlord fails to offer a renewal lease, the rights under the expiring lease continue to apply (Rent Stabilization Code (9 NYCRR) § 2523.5[d] [“(T)he failure to offer a renewal lease pursuant to this section shall not deprive the tenant of any protections or rights provided by the RSL and this Code and the tenant shall continue to have the same rights as if the expiring lease were still in effect”]). Where a renewal lease is not made in a timely fashion, “courts have repeatedly upheld . . . allowing the renewal lease increase to take effect only prospectively” … .

… [T]he tenant’s succession rights under the prior lease signed by the tenant’s grandmother continued to apply until he was offered a renewal lease on November 7, 2019 after the passage of the HSTPA. As the HSTPA applies to tenant’s succession rights, his cross-motion dismissing the petition should have been granted on the basis that he was entitled to a lease at the amount of rent paid under the prior lease signed by his grandmother (Rent Stabilization Law § 26-511[c][14]). Matter of West Side Marquis LLC v Maldonado, 2026 NY Slip Op 01023, First Dept 2-24-26

Practice Point: Consult this decision for insight into the application of the Housing Stability and Tenant Protection Act (HSTPA) and NYC’s Rent Stabilization Law (RBL).

 

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