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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While it certainly would have been within the legislature's power to do so, GCEL did not create new causes of action for summary eviction proceedings in housing court. Instead, the statute merely imposes additional conditions for removal of covered tenants based on the grounds listed in RPL 216. The subject matter jurisdiction for a summary eviction proceeding against a tenant still lies exclusively within RPAPL 711. This includes a nonpayment under RPAPL 711(2) or a holdover pursuant to RPAPL 711(1) following either the early termination of the agreement, or the expiration and non-renewal of the tenancy.

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