Judge Sabrina Kraus
Landlord sought to recover the subject premises in this summary nonpayment action arguing tenant Freeman failed to pay rent due under a written agreement. Freeman moved for dismissal, or leave to interpose an amended answer. She claimed the former lessee, her grandfather, permanently vacated in 2010 and landlord failed to recognize her right to succession until she was granted same by department of Housing Preservation and Development (HPD) in an appeal. Yet, despite HPD’s ruling, landlord failed to offer Freeman a proprietary lease to sign, nor transferred the shares for the premises into her name and continued billing the grandfather for the rent through July 2013. The court stated a nonpayment proceeding may only be maintained where there was a landlord/tenant relationship, and must be predicated on an agreement to pay rent. The court stated HPD’s determination could not be equated with the execution of a written agreement, and concurrent obligation to pay rent. It ruled as there was no such written agreement between the parties there was no agreement on which this summary nonpayment proceeding could be predicated upon. Therefore, the court granted Freeman’s motion to dismiss.
