Landlord Can't Add No-Pet Clause

LVT Number: 10044

Tenant complained of improper lease renewal. The DRA ruled for tenant, and landlord appealed. The DHCR ruled against landlord. Tenant had lived in the apartment since 1973. In 1986 landlord inserted a no-pet clause in tenant's lease for the first time. This was improper; landlord can't alter the terms and conditions of a rent-stabilized tenant's lease upon renewal. The result was that the entire renewal was null and void and landlord couldn't take any rent increases until tenant received a proper renewal.

Tenant complained of improper lease renewal. The DRA ruled for tenant, and landlord appealed. The DHCR ruled against landlord. Tenant had lived in the apartment since 1973. In 1986 landlord inserted a no-pet clause in tenant's lease for the first time. This was improper; landlord can't alter the terms and conditions of a rent-stabilized tenant's lease upon renewal. The result was that the entire renewal was null and void and landlord couldn't take any rent increases until tenant received a proper renewal.

Maidman: DHCR Adm. Rev. Dckt. No. CC 410181 RO (6/1/95) [3-page document]

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