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/ ↗

Full Text

1,068 chars

RPL § 216(1) (emphasis added).Certainly it appears the legislature envisioned that the "appropriate judicial action or proceeding" would in some instances include a non-renewal holdover after expiration of the tenant's natural term inasmuch as the legislature amended RPL 226-c, the statute providing the required time frame for a non-renewal of tenancy notice, to state that such notices must specify if the apartment is subject to good cause (L 2024, ch 56, part HH, § 2). However, it is by no means evident from the plain language of the statute that the legislature believed a non-renewal holdover, which requires 90 days' notice of non-renewal for tenancies of over two years duration, was the necessary or appropriate means of effectuating an eviction for every good cause ground within RPL 216. For instance, the statute authorizes removal for nuisance (RPL 216(1)(c)), a cause of action so urgent that it does not require a 10-day notice to cure, which the court presumes the legislature did not conceptualize would normally be filed as a non-renewal [*5]case.

Other Sections in This Document (31)

Full Text