INK 967 969 WILLOUGHBY LLC v. CORDERO (2022)

Supreme Court, Appellate Term, New York,

INK 967-969 WILLOUGHBY, LLC, Appellant, v. Sol Nora CORDERO, Respondent.

2021-109 K C

Decided: January 28, 2022

PRESENT: THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ.

The Price Law Firm, LLC (Joshua C. Price and Jennifer Milosavljevic of counsel), for appellant. NYLAG-Tenant Protection Unit (Raphael I. Ruttenberg of counsel), for respondent (no brief filed).

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In this holdover proceeding based upon tenant's failure to renew the lease (see Rent Stabilization Code [RSC] [9 NYCRR] § 2524.3 [f]), it was undisputed that tenant was not given the option of a one-year or two-year lease for her initial, vacancy lease and that such lease did not contain a rent stabilization rider. The Civil Court dismissed the petition, in effect pursuant to CPLR 409 (b), because landlord's predecessor was not entitled to the 18% vacancy increase added to the legal regulated rent in tenant's initial lease (see RSC §§ 2522.5, 2522.8; Housing Dev. Assoc. LLC v Gilpatrick, 27 Misc 3d 134[A], 2010 NY Slip Op 50740[U] [App Term, 1st Dept 2010]). As landlord has not established that it was entitled to collect a vacancy increase (see RSC § 2522.5 [c] [3]) and the subsequent increases in the legal regulated rent were based upon the improper initial rent, tenant properly refused to sign the offered renewal lease and a holdover proceeding for failure to renew does not lie.

We reach no other issue.

Accordingly, the order, insofar as appealed from, is affirmed.

ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.

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