Regina Upheld Again in Failure to Renew Holdover
KMWB initiated a holdover as against a tenant who failed to renew his lease. The tenant interposed an answer, through counsel, stating that he did not sign the last renewal lease because it was improper due to an alleged rent overcharge from 2015. Nikolaos Preponis filed a motion seeking dismissal of the affirmative defenses alleging rent overcharge. The argument primarily rested upon the fact that by applying the ruling held in the landmark ruling in Matter of Regina Metro. Co., LLC v. New York State Div. of Housing & Community Renewal, 35 NY3d 332 (2020) (successfully argued by our very own Nativ Winiarsky), which held that there existed a 4 year look back period, that the renewal leases sent from 2018 to date were in full compliance with the Rent Guidelines Board increases and that the last renewal that was sent to tenant was proper in all respects. The court agreed dismissing all affirmative defenses and counterclaims regarding he allegation of a rent overcharge or improper lease renewal, finding no indicia of fraud and no basis to look back beyond 2018 and held that the renewal lease sent was proper in all respects.
Read more, including the full decision, here.
