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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (40)

Full Text

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Thus RPAPL 711 (1) contemplates two distinct situations: the first involves a lease term that has run its full course after having naturally elapsed; the second addresses the circumstance in which a term has been cut short by the exercise of a right conferred upon the landlord in response to objectionable conduct of the tenant. Neither situation applies in these cases. The full terms of the leases had not run. They had been cut short, but not due to objectionable conduct by the tenants. With very limited exceptions, none of which apply here, leases do not simply expire for housing units that are subject to the Rent Stabilization Code. Normally under rent stabilization, upon the expiration of a term, a lease must be renewed. Nor can the terminations of the leases be attributed to the tenants’ objectionable conduct. To the contrary, if the conduct of any of the parties may be said to be objectionable, it is that of the landlords.