Pinnacle Bronx West, LLC v. Jennings

OPINION OF THE COURT

Order, insofar as appealed from, affirmed, without costs.

The landlord’s prior acceptance of a Section 8 rent subsidy constituted a “term and condition” of the tenant’s expired stabilized lease agreement (see Rent Stabilization Code [9 NYCRR] § 2522.5 [g] [1]), so that the tenant’s 2007 “deemed” lease renewal was required to continue with that term and condition (see Rosario v Diagonal Realty, LLC, 8 NY3d 755 [2007]). “Absent a showing by landlord of a new agreement. . . a Section 8 tenant does not become liable for the Section 8 share of the rent as ‘rent’ even after the…