DHCR Mistakenly Ordered Landlord to Give Tenant a Renewal Lease

LVT Number: #27407

Tenant complained that landlord failed to offer her a rent-stabilized renewal lease. The DRA ruled for tenant and ordered landlord to give tenant a renewal lease. Landlord appealed and won. Landlord had told the DRA that he sought the apartment for owner occupancy and had sent tenant a notice of lease nonrenewal and termination of tenancy. Tenant had also answered the DRA’s request for additional information and showed that landlord had started a court proceeding against her in housing court.

Tenant complained that landlord failed to offer her a rent-stabilized renewal lease. The DRA ruled for tenant and ordered landlord to give tenant a renewal lease. Landlord appealed and won. Landlord had told the DRA that he sought the apartment for owner occupancy and had sent tenant a notice of lease nonrenewal and termination of tenancy. Tenant had also answered the DRA’s request for additional information and showed that landlord had started a court proceeding against her in housing court. So the DRA’s finding that neither landlord nor tenant had submitted any documentation of a court proceeding was incorrect. Rent Stabilization Code Section 2524.4 provides that a landlord isn’t required to offer a renewal lease and could commence a court action to recover possession of an apartment based on owner occupancy. So, the DRA shouldn’t have ordered landlord to issue a renewal lease. The decision was reversed.

 

 

 

Lasala: DHCR Adm. Rev. Docket No. EQ210010RO (9/20/16) [3-pg. doc.]

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