1212 Grand Concourse LLC v. Ynguil, 27 Misc. 3d 205 (2010)

Citation: 1212 Grand Concourse LLC v. Ynguil, 27 Misc. 3d 205 (2010)
Parent Document: 1212 Grand Concourse LLC v. Ynguil, 27 Misc. 3d 205 (2010)
Jurisdiction: New York (state)
Effective Date: 2010-01-08
Original Source: https://www.courtlistener.com/opinion/6311119/1212-grand-concourse-llc-v-ynguil/ ↗

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While the petitioners categorically reject a need for good cause, the Weeks court, at least initially, was not clear about how it viewed the need for “good cause.” For the most part, the court did not seem to reject the view that, as pertains to Section 8 holdovers, the petitioner must have a good cause basis to evict. Rather, it found that under the circumstances it would be punitively unfair to prevent the landlord indefinitely from retaking possession as a consequence of the landlord’s persistent refusal to remedy violations determined to exist by a governmental agency after an HQS inspection. The Weeks court warned that “NYCHA can indefinitely refuse to renew its contract with the petitioner if the HQS are not satisfied,” which would allow “the respondent... to remain in the subject premises virtually *210rent free (being responsible for only the minimal portion of rent not covered by the section 8 subsidy).” (182 Misc 2d at 255.)3 The court continued:

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