Middleton v Ralph Ave Assoc. Phase II, LLC (2010 NY Slip Op 20393)
Middleton v Ralph Ave Assoc. Phase II, LLC
2010 NY Slip Op 20393 [29 Misc 3d 836]
September 3, 2010
Chan, J.
Civil Court Of The City Of New York, Kings County
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 12, 2011
[*1]
Jerome Middleton, Claimant,
v
Ralph Ave Associates Phase II, LLC, Defendant.
Civil Court of the City of New York, Kings County, September 3, 2010
APPEARANCES OF COUNSEL
Jerome Middleton, claimant pro se. Ralph Ave Associates Phase II, LLC, defendant pro se.
{**29 Misc 3d at 837} OPINION OF THE COURT
Margaret A. Chan, J.
In this small claims action, claimant sought the return of a security deposit in the amount of $1,791.33, paid by him to defendant, Ralph Ave Associates Phase II, LLC. Claimant rented an apartment pursuant to a rent-stabilized lease. Prior to the lease termination, defendant presented claimant with a lease renewal. Claimant informed him of his intent not to renew. Once the lease expired, claimant continued paying rent at the increased rate and remained in possession for several more months. Ralph Ave contended that by virtue of claimant's continued possession of the apartment the lease was deemed to have renewed for another year. Claimant disagreed, arguing that his holding over created a month-to-month tenancy. Defendant asserted that it was entitled to claimant's security to offset the rent owed for the remainder of the renewed lease. A trial was held on August 25, 2010. Both sides appeared without counsel.
The Rent Stabilization Code (RSC), codified in 9 NYCRR 2523.5 (c) (2), provides: