DHCR Can't Order Lease Nonrenewal for Chronic Nonpayment of Rent

Freeport landlord asked the DHCR for permission to refuse renewal of tenant's rent-stabilized lease based on tenant's chronic late payment of rent. The DRA ruled against landlord, who appealed and lost. There is no provision in the Emergency Tenant Protection Act (ETPA) that covers lease nonrenewal on the grounds landlord stated. And the Rent Stabilization Code, while applicable to NYC apartments, lists the grounds for refusal to renew a lease that require DHCR approval only as withdrawal from the rental market, demolition, or rehab under the Housing New York Program of the U.S. Housing Act. The DHCR had no authority to grant the relief landlord sought.

Harborview Holdings, LLC: DHCR Adm. Rev. Docket No. AV710037RO (10/29/14) [2-pg. doc.]