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/10124722/1719-gates-llc-v-torres/ ↗

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Tenants in housing accommodations subject to GCEL are entitled to two principal benefits that unregulated tenants are not. First, allowable annual rental increases are tied to an inflation index and generally capped at no more than 10% (RPL 211(7); 216(a)(1); RPL 231-c; RPAPL 711(2)). Second, and most relevant to the instant proceeding, a tenant covered by GCEL can no longer be evicted in a "no grounds" holdover based on the landlord's mere election not to [*3]renew the lease. Rather, tenants covered by GCEL can only be removed from possession based on one of the "good cause" grounds enumerated in RPL 216(1)(a) - (j) "upon order of a court of competent jurisdiction entered in an appropriate judicial action or proceeding" (RPL 216(1)).

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