RSL §26-511(c)(9)(a) allows a landlord to refuse to renew a rent stabilized lease "where he or she intends in good faith to demolish the building and has obtained a permit therefor from the department of buildings." In First NY, LLC v. New York State Div. of Hous. & Community Renewal, 2021 WL 5206279 (Sup Ct, NY County), Justice Carol Edmead affirmed a DHCR order that denied the landlord's demolition application on the ground that the landlord had failed to provide documentation as to its plans for the site following the demolition.

This article will examine First NY, LLC, as well as an earlier decision by Justice Debra A. James in 118 Duane LLC v. New York State Div. of Homes & Community Renewal, 2020 WL 1811319 (Sup Ct, NY County).