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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In reaching this conclusion the court is not suggesting that there are never circumstances where termination of a GCEL-protected tenancy may be appropriate based on a persistent refusal to pay rent. In the analogous context of rent-stabilized housing, the courts have determined that a chronic rental delinquency constitutes a substantial breach of the implied terms and obligations of the tenancy sufficient to warrant a forfeiture (see, e.g., Adam's Tower Ltd. Partnership v Richter, 186 Misc 2d 620, 621-622 [App Term, 1st Dept 2000]). A GCEL ground for eviction based on substantial breach may offer a similar pathway for redress (RPL 216(1)(b)). However, such proceedings normally require pleading and demonstrating not merely a default in payment but a "history of repeated nonpayment proceedings brought to collect chronically late rental payments" (31-67 Astoria Corp. v Cabezas, 55 Misc 3d 132[A] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017]), which Petitioner did not allege or establish here, as it merely demonstrated there was a default in payment for three months of rent due under Respondent's then-in-effect lease before it elected to not renew.[FN6]

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