In their discussion of the statutes, the Appellate Term considered section 26-511 (b) of the Rent Stabilization Law of 1969 (Administrative Code of City of NY, tit 26, ch 3, § 26-401 et seq.), as amended, that stated no provision of the Rent Stabilization Code shall impair or diminish any right or remedy granted to any party by law (Samson Mgt., LLC v Hubert, 28 Misc 3d 29 [2010]). The Appellate Term held that RSC § 2523.5 (c) (2) impairs or diminishes a right granted by Real Property Law § 232-c, insofar as it permits a landlord of a rent-stabilized apartment to elect to hold for a full term a tenant who holds over after the expiration of the lease without signing a renewal lease or entering into an "express or implied" agreement for a new lease (28 Misc 3d at 32). The court further found that a rent-stabilized lease cannot be deemed renewed, pursuant to RSC § 2523.5 (c) (2), solely by virtue of the fact that a tenant held over after its expiration and rent was accepted (28 Misc 3d at 32).
Likewise, the Civil Court in Richmond County considered deemed renewals in an unreported decision—Berkhin v Kinsor Mgt. Co. (2002 NY Slip Op 40241[U]