COUNTRY VILLAGE ASSOCIATES v. MILHAVEN (2020)

Supreme Court, Appellate Term, New York.

COUNTRY VILLAGE ASSOCIATES, Doing Business as Creekside Apartments, Respondent, v. Patricia M. MILHAVEN, Appellant.

2019-974 OR C

Decided: June 18, 2020

PRESENT: THOMAS A. ADAMS, P.J., BRUCE E. TOLBERT, TERRY JANE RUDERMAN, JJ.

Sussman & Associates (Jonathan R. Goldman of counsel), for appellant. Blustein, Shapiro, Rich & Barone, LLP (Stephanie Tunic of counsel), for respondent.

ORDERED that the final judgment is reversed, without costs, and the matter is remitted to the Justice Court for trial.

Inasmuch as the tenancy is governed by the rules of the United States Department of Agriculture Rural Development Program (see 7 CFR part 3560), landlord was required, in this holdover proceeding, to establish that its refusal to renew tenant's lease was based on tenant's “material non-compliance with the lease provisions, material non-compliance with the occupancy rules, or other good causes” (7 CFR § 3560.159 [a] ). Inasmuch as a trial was not held and landlord was not afforded an opportunity to make this required showing, the final judgment must be reversed and the matter remitted to the Justice Court for trial.

ADAMS, P.J., TOLBERT and RUDERMAN, JJ., concur.

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