Court, Not DHCR, Should Determine If Tenant Entitled to Renewal Lease

Rent-stabilized tenant complained that landlord refused to renew his lease. The DRA denied tenant’s complaint because a court was considering the same issues. Tenant appealed and lost. Tenant claimed that the court didn’t consider all relevant evidence. Tenant also claimed landlord was harassing him. The DHCR ruled against tenant. Landlord had commenced an eviction proceeding in housing court, which would determine the tenant’s rights to possess the apartment. The court had primary jurisdiction to determine these issues. Tenant was entitled to a renewal lease only if the court ruled in his favor.

Schamel: DHCR Adm. Rev. Docket No. DO410007RT (6/10/15) [2-pg. doc.]