Scott Mollen Realty Law Digest
Scott Mollen discusses 'West Side Marquis, LLC v. De Jourdan,' where it was held that a newly enacted rent control law supersedes a private agreement between the landlord and tenants; and 'Matter of Obus v. New York State Tax Appeals Tribunal,' where the court held that the petitioners' frequent use of their New York vacation home does not make them state residents.
September 13, 2022 at 11:53 AM
13 minute read
Landlord-Tenant—The Housing Stability and Tenant Protection Act (HSTPA) Requires Landlords To Offer Renewals Based On Same Rent Paid by Tenant Under Expiring Lease, 'Effectively Ending The Practice of Landlords Being Able To Rescind Preferential Rents at Each Renewal'—Prospective Changes to the Law, Especially the Rent Stabilization Law and Code, Ought To Be Anticipated and Are Not So Unjust as to Make Them Unenforceable
A landlord commenced a holdover proceeding, seeking a judgment of possession against the respondent. The landlord alleged that the respondent failed to sign an offered renewal lease in violation of the Rent Stabilization Code (RSC).
In September 2019, the landlord offered the tenant "renewal lease options as the recognized successor of the deceased tenant of record…." After the respondent refused to sign either of the offered leases, the landlord commenced the subject proceeding. The respondent alleged that the renewal leases had not been "properly calculated under the (RSC)." The respondent moved to dismiss and sought attorney fees.
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