{**62 Misc 3d at 279}The City of Albany has adopted such a law. Albany City Code chapter 231-131 provides: "No owner [who lacks a ROP] . . . shall collect rents during any period . . . which would otherwise be due and owing for the rental of premises unless and until he or she shall [obtain a ROP]." So, because MLR cannot collect rent, MLR certainly would be unable to maintain a nonpayment of rent proceeding under RPAPL 711 (2). However, this proceeding is a holdover proceeding under RPAPL 711 (1). "A holdover proceeding is not barred by . . . the landlord's failure to obtain a certificate of occupancy for the premises" (Khelawan v Corneil, 190 Misc 2d 621, 622 [Civ Ct, Queens County 2002]). The court, therefore, denies Brown's motion to dismiss the case.
[2] The landlord made its own motion for judgment as a matter of law. MLR argued that it had a statutory right not to renew the lease, even in the face of a new allegation of retaliatory eviction. The argument begins by acknowledging the general rule that a landlord shall not refuse to offer "to renew the lease or offer a new lease" "in retaliation for any [protected activity proscribed by Real Property Law § 223-b (1)]" (Real Property Law § 223-b [2]). However, MLR notes that there is an exception contained in the last part of Real Property Law § 223-b (2) to wit:
"a landlord shall not be required . . . [after an initial finding of retaliation] to offer a new lease or a lease renewal for a term greater than one year and after such extension of a tenancy for one year shall not be required to further extend or continue such tenancy."