Appellate Division, Second Department · September 2, 2026 · 2026 NY Slip Op 05185
Matter of Fried v Lopez
Read the official decision: 2026 NY Slip Op 05185
Holding The amendments to the Rent Stabilization Law enacted by the Housing Stability and Tenant Protection Act of 2019 apply to pending holdover proceedings where the landlord had not yet obtained a judgment of possession. Consequently, the landlord was not entitled to recover the unit for personal use, and the tenants were entitled to dismissal of the petition.
The court’s words
the amendments are applicable to proceedings that were pending on the date of the enactment of HSTPA
2026 NY Slip Op 05185, at the official text
the landlord had no vested right to recover any units in the building for his personal use
2026 NY Slip Op 05185, at the official text
the tenants were entitled to dismissal of the petition insofar as asserted against them
2026 NY Slip Op 05185, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 2, 2026 |
| Citation | 2026 NY Slip Op 05185 |
| Area of law | Landlord and Tenant and Housing |
| Week | Week ending September 5, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05185 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 359 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Fried v Lopez, 2026 NY Slip Op 05185 (Appellate Division, Second Department, September 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05185/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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