"Where the tenant fails to timely renew an expiring lease or rental agreement offered pursuant to this section, and remains in occupancy after expiration of the lease, such lease or rental agreement may be deemed to have been renewed upon the same terms and conditions . . . that would have been applicable had the offer of a renewal lease been timely accepted."
The only other statutory remedy available to a landlord in the situation where a tenant holds over on a rent-stabilized lease without renewing is to commence an action to recover possession (see RSC [9 NYCRR] § 2523.5 [c] [3]).
However, the Appellate Term in Samson Mgt., LLC v Hubert (28 Misc 3d 29 [App Term, 2d Dept, 11th & 13th Jud Dists 2010]) contrasted RSC § 2523.5 (c) (2) with Real Property Law § 232-c which determines the nature of a tenancy where a tenant holds over on a nonrent-stabilized lease. That section provides:
"Where a tenant whose term is longer than one month [*2]holds over after the expiration of such term, such holding over shall not give to the landlord the option to hold the tenant for a new term solely by virtue of the tenant's holding over. In the case of{**29 Misc 3d at 838} such a holding over by the tenant, the landlord may proceed, in any manner permitted by law, to remove the tenant, or, if the landlord shall accept rent for any period subsequent to the expiration of such term, then, unless an agreement either express or implied is made providing otherwise, the tenancy created by the acceptance of such rent shall be a tenancy from month to month commencing on the first day after the expiration of such term." (Real Property Law § 232-c.)