Landlord Must Offer Renewal Lease Even If Tenant Wasn't Paying Rent

LVT Number: #31404

Rent-stabilized tenant complained that landlord hadn't offered him a renewal lease in 2019. His last renewal lease expired on Aug. 31, 2019. In response, landlord said that tenant hadn't paid rent since September 2019. The DRA ruled for tenant and directed landlord to offer tenant a renewal lease. Landlord appealed and lost. Landlord again argued that tenant hadn't paid rent since September 2019 and that tenant hadn't lived in the apartment since April 2020. But landlord presented no proof that tenant no longer lived in the unit.

Rent-stabilized tenant complained that landlord hadn't offered him a renewal lease in 2019. His last renewal lease expired on Aug. 31, 2019. In response, landlord said that tenant hadn't paid rent since September 2019. The DRA ruled for tenant and directed landlord to offer tenant a renewal lease. Landlord appealed and lost. Landlord again argued that tenant hadn't paid rent since September 2019 and that tenant hadn't lived in the apartment since April 2020. But landlord presented no proof that tenant no longer lived in the unit. If he had moved out, any directive to offer him a renewal lease was moot. Otherwise, the fact that tenant may not have paid rent wasn't a valid reason not to offer a renewal lease.

Cheung: DHCR Adm. Rev. Docket No. IX410026RO (4/13/21) [2-pg. doc.]

Downloads

IX410026RO.pdf1.4 MB