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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Moreover, this court rejects the notion that a “tenant’s failure to renew a lease, ... a fortiori,” is the legal equivalent to a lease terminated by the NYCHA as a direct and legally-required response to willful violations of contract and statute by a landlord. (1801 Weeks Ave. v Crawford, 182 Misc 2d 251, 256 [1999].) The petitioners’ efforts to evict the respondents under RPAPL 711 (1) are misapplied. If anything, their attempts could more accurately be seen as contravening 9 NYCRR 2524.1 (a): “As long as the tenant continues to pay the rent to which the owner is entitled, no tenant shall be denied a renewal lease or be removed from any housing accommodation by action to evict or to recover possession.”

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