In this unregulated nonpayment proceeding, the court granted the tenant's motion for summary judgment and dismissed the petition for lack of a lease agreement. The court distinguished a prior Appellate Term holding, finding that the regulatory status of the unit made the prior decision inapplicable. The court also rejected the landlord's argument that RPL § 226-c's language about 'continuance of existing terms' creates an automatic lease renewal after expiration, holding that such an interpretation conflicts with RPL § 232-c and that payment of rent after a lease expires does not create an involuntary leasehold by statute.
Civil Court of the City of New York
Kings County (Brooklyn)
LT-307998-25/KI
Antonique Paul-Sommerville
2026-07-31
Post-Answer Motion by Tenant
Motion Granted for Tenant
Tenant Substantially Won
In this unregulated nonpayment proceeding, the court granted the tenant's motion for summary judgment and dismissed the petition for lack of a lease agreement. The court distinguished a prior Appellate Term holding, finding that the regulatory status of the unit made the prior decision inapplicable. The court also rejected the landlord's argument that RPL § 226-c's language about 'continuance of existing terms' creates an automatic lease renewal after expiration, holding that such an interpretation conflicts with RPL § 232-c and that payment of rent after a lease expires does not create an involuntary leasehold by statute.
Unregulated Tenancy; Nonpayment; Lease Expiration; RPL § 226-c Does Not Create Automatic Lease Renewal
"1770 Dean Inc v. Paul-Sommerville" (2026). All Decisions. 2347.
https://ir.lawnet.fordham.edu/housing_court_all/2347
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