Opinion
No. 2012–525KC.
2014-08-20
PUTNAM REALTY ASSOCIATES, LLC, Appellant, v. Matthew PIGGOT, Respondent.
Present PESCE, P.J., ALIOTTA and SOLOMON, JJ.
Appeal from an order of the Civil Court of the City of New York, Kings County (Marcia J. Sikowitz, J.), dated January 19, 2012. The order, insofar as appealed from as limited by the brief, granted the branch of occupant's motion seeking to dismiss the petition in a nonpayment summary proceeding.
ORDERED that the order, insofar as appealed from, is affirmed, without costs.
In this nonpayment proceeding, landlord seeks to recover rent arrears, alleging that occupant owes these arrears as a successor to a rent-stabilized lease. Occupant moved to, among other things, dismiss the petition on the ground that a nonpayment proceeding does not lie, as the parties had not yet entered into a renewal lease. The Civil Court, insofar as is relevant to this appeal, granted the branch of occupant's motion seeking to dismiss the petition.
A nonpayment proceeding can be maintained only where there is a landlord-tenant relationship between the parties, and must be predicated on an agreement to pay rent (RPAPL 711[2]; Strand Hill Assoc. v. Gassenbauer, 41 Misc.3d 53 [App Term, 2d, 11th & 13th Jud Dists 2013]; 615 Nostrand Ave. Corp. v. Roach, 15 Misc.3d 1 [App Term, 2d & 11th Jud Dists 2006] ). A nonpayment proceeding does not lie to recover arrears from a successor to a rent-stabilized lease, since the successor is not a tenant until he becomes a party to a lease or rental agreement ( see Rent Stabilization Code [9 NYCRR] § 2520.6[d]; Strand Hill Assoc., 41 Misc.3d 53; see also 245 Realty Assoc. v. Sussis, 243 A.D.2d 29, 35 [1998] ).
Accordingly, the order, insofar as appealed from, is affirmed.