SITC Inc. v. Riverplace I Holdings LLC, 23 Misc. 3d 219 (2008)

Citation: SITC Inc. v. Riverplace I Holdings LLC, 23 Misc. 3d 219 (2008)
Parent Document: SITC Inc. v. Riverplace I Holdings LLC, 23 Misc. 3d 219 (2008)
Jurisdiction: New York (state)
Effective Date: 2008-12-30
Original Source: https://www.courtlistener.com/opinion/6310203/sitc-inc-v-riverplace-i-holdings-llc/ ↗

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However, the court finds that in light of the particular circumstances of this proceeding, restoration of petitioner to the subject premises is neither equitable nor appropriate. Three considerations lead the court to this conclusion. The first is that the premises were rented for the sole purpose of reletting to short-term occupants for financial gain, and this use is in direct contravention of the Rent Stabilization Law. The second is that the eviction was accomplished without use of force, and did not displace any individual using the premises for living purposes. The third is the body of case law holding that restoration may not be appropriate where the tenant would be subject to eviction anyway. Behind each of these considerations there is legal authority supporting the conclusion that petitioner should not be restored to possession.

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