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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In the instant matter, Petitioner concedes the premises are a covered dwelling under GCEL, and that it was required to demonstrate a good cause ground for eviction in that the Petition was commenced after the April 20, 2024, the effective date of the statute.[FN2]
Petitioner argues it was entitled to decline to renew Respondent's tenancy and to commence a summary holdover eviction proceeding, rather than simply file a nonpayment proceeding, because Respondent defaulted on her obligation to pay rent due under the last lease, a basis for removal under the statute (RPL 216(1)(a)(1)). According to the rent ledger admitted into evidence at inquest, Respondent was in rental arrears for approximately three months of rent due under the lease expiring on March 31, 2024, at the time this proceeding was filed on May 14, 2024, as well as for use and occupancy for the period of April 2024 through September 2024, after the lease expired and Petitioner declined to renew, as of the date of inquest on September 11, 2024.

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