1719 Gates LLC v. Torres, 2024 NY Slip Op 24249 (2024)

Citation: 1719 Gates LLC v. Torres, 2024 NY Slip Op 24249 (2024)
Parent Document: 1719 Gates LLC v. Torres, 2024 NY Slip Op 24249 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-09-23
Original Source: https://www.courtlistener.com/opinion/10124589/1719-gates-llc-v-torres/ ↗

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This summary holdover proceeding presents an opportunity for consideration of New York's recently enacted Good Cause Eviction Law (L 2024, ch 56, part HH) (hereinafter GCEL), the most comprehensive expansion of rent regulation in New York in half a century. While GCEL is certain to raise a host of novel legal issues, the narrow question here is whether a landlord subject to GCEL can decline to renew and effectively terminate a tenancy through the statutory mechanism of a holdover proceeding (RPAPL 711(1)) solely because the tenant owes rental arrears, or if their remedy remains limited to a nonpayment (RPAPL 711(2)). Unlike in a holdover, a nonpayment requires service of a good faith 14-day rent demand prior to filing and allows the tenant the option of avoiding eviction by paying the amount sought prior to commencement (RPAPL 711(2)), as well as before the initial hearing date (RPAPL 731(4)), or any time post-judgment by paying the full rent due prior to execution of the warrant of eviction (RPAPL 749(3)).

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