���Holdovers��March 28, 2025�Jay Hedges�The Legal Aid Society
Legal Authority
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Real Property Law (RPL)
Real Property Actions and Proceedings Law (RPAPL)
Sources of Law (continued)
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Rent Stabilization Code
Federal Regulations (i.e. Section 8)
Holdover Proceedings
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Pre-Litigation
Case Commencement
Resolution Part
Trial Part
Warrant of Eviction
Good Cause Exceptions in NYC
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Good Cause Exceptions
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Ex: Studio $5,471, plus
Good Cause Eviction Examples
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Holdover Types
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�RPAPL § 711�Landlord-Tenant Relationship
RPAPL § 711: Tenant Holding Over After Expiration of Term
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Notice of Termination (RPL § 226-C)*
* Must include the Good Cause Eviction Notice as of August 18, 2024
End-of-Lease Holdover Defenses
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�RPAPL § 713�No Landlord-Tenant Relationship
RPAPL § 713 Holdover
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Squatter – a person without permission from a person entitled to possession. RPAPL § 713(3)
Licensee – a person who obtained permission but who does not have a right to exclusive possession. RPAPL § 713(7)
Employee – a person whose housing was incident to employment. RPAPL § 713(11)
Post-Foreclosure – former owner or tenant. RPAPL § 713(5)
RPAPL § 713 - Squatter
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A squatter proceeding can be maintained only if the occupant never had permission, from the landlord or another person entitled to possession, to be on the premises.
RPAPL § 713 - Licensees
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Licensees are typically friends, roommates, visitors, or family.
Notice to Quit.
RPAPL § 713 – Family Members
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However, family members may need to be brought by an ejectment action.
RPAPL § 713 – Family Members
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Some family members are allowed to evict when support obligation never existed or has been fully satisfied.
Example is Daughter-in-Law of deceased owner. Heckman v. Heckman, 55 Misc.3d 86 (App. Term 2d 2017)
RPAPL § 713 - Employees
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Wrongful Termination is a Defense.
Rent Stabilization
Failure to Renew a Lease
Failure to Renew
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When a landlord makes a proper offer of a rent stabilized renewal lease the tenant can be terminated under Rent Stabilization Code § 2524.3(f).
A proper lease must be on the same terms and conditions, correct rent, and given in a correct time frame.
Failure to Renew
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Notice of Termination.
If lost at trial tenant is given 10 day post-judgment opportunity to cure under RPAPL § 753(4).
Breach of Lease
Breach of Lease
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Breach of Lease
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Breach of a substantial obligation of the tenancy other than paying rent can be terminated under Rent Stabilization Code § 2524.3(a).
Breach of Lease
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Requires a 10-Day Notice to Cure.
If no cure, then followed by a 7-Day Notice of Termination.
RPAPL § 753(4) creates a 30-Day Post-Judgment cure.
Breach of Lease
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NYC Pet Law
Admin Code § 27-2009.1(b) provides if kept open and notoriously for 3 months of learning the landlord loses right to proceed
Breach of Lease
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Washing Machine
Can be waived if not acted upon.
Statute of Limitations is 6 years.
Breach of Lease
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Illegal Sublet
Breach of Lease
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Commercial use
Nuisance�Holdovers
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Nuisance
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Courts have defined nuisance as a continuing course of conduct threatening the life, health and safety of the landlord and/or other tenants.
Nuisance can include noise, smell, flooding, cluttering, anti-social or abusive behavior.
Nuisance
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A single act is not a nuisance.
A mere eccentricity is not a nuisance.
Owner’s Use
Owner’s Use
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Pursuant to Rent Stabilization Code § 2524.4(a) an owner of a rent stabilized unit may refuse to renew a lease if the owner wants to use the apartment for his own or immediate family use.
Owner’s Use
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Only an owner who is an actual person may bring the case.
Matter of Burke v. Joy, 99 A.D.2d 952 (1st Dep’t 1984)
Immediate family means spouse, child, stepchild, stepparent, sibling, grandparent, grandchild, and in-laws.
Owner’s Use
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Starts with a Notice of Non-Renewal also called a Golub Notice.
Rent Stabilization Code § 2524.2 requires the Golub Notice to be sent at least 90 days but not more than 150 days prior to the expiration of the lease term. This is called the “window period.”
Owner’s Use
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Owner’s Use
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If the tenant or tenant’s spouse is disabled, 15+ yr tenancy, or 62 years or older the landlord must offer the tenant an alternative equivalent or superior apartment at the same or lower regulated rent in a closely proximate area. Rent Stabilization Code § 2524.4(a)(2)
Applies if becomes disabled or senior during the case but not after the entry of judgment.
Chronic Rent Delinquency
Chronic Rent Delinquency
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Could be brought as a nuisance but Court of Appeals raised the burden so is more often brought as a substantial breach.
Sharp v. Norwood, 89 N.Y.2d 1068 (1997)
Chronic Rent Delinquency
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Substantial obligation of the lease is breached by the tenants' “long term, unjustified and persistent failure” to pay rent as it becomes due.
Adam’s Tower LP v. Richter, 186 Misc.2d 620 (App. Term 1st Dep’t 2000).
Chronic Rent Delinquency
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Defenses can include:
Potential Defenses
Various Defenses
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Retaliatory Eviction
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Under Real Property Law § 223-b there is a rebuttable presumption that the landlord is acting in retaliation if:
Vitiate Notice / Waiver
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If the landlord sends a renewal lease or accepts rent during the window period (after notice to the tenant that their tenancy is terminated but before the case starts) these contradictory acts can vitiate the notice.
Questions?