Nussbaum Resources I LLC v. Gilmartin

OPINION OF THE COURT

Order and final judgment dated February 21, 2003 reversed, with $30 costs, and final judgment of possession granted in favor of tenant dismissing the holdover petition.

The stabilized tenant’s last renewal lease expired September 30, 2000, and landlord commenced nonprimary residence proceedings. In response to a complaint by the tenant, the Division of Housing and Community Renewal (DHCR) directed on February 9, 2001 that in the event the court proceeding was determined in tenant’s favor, “the owner is required to offer a renewal lease for one or two years at the tenant’s…