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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RPL 216(1)(a)(1). The statute does not state that a non-renewal holdover is the appropriate means of removal for nonpayment, nor is there any indication that the legislature sought to act in derogation of RPAPL 711(2)'s longstanding mechanism for enforcing a default in the obligation to pay rent. It is equally plausible that in listing nonpayment as the first ground for removal, the legislature was merely reiterating the fundamental principle that a tenant may be removed from possession if they fail to pay the rent due, even if they are protected by GCEL. In doing so the legislature provided that such proceeding cannot be based on an unreasonable rental increase, effectively codifying a rent overcharge defense to a nonpayment.[FN3]

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