Landlord Must Offer Renewal Lease to Tenant

Rent-stabilized tenant complained that landlord refused to offer him a renewal lease. The DRA ordered landlord to give tenant the renewal lease. Landlord appealed, claiming that it didn't have to give tenant a renewal lease because it wasn't trying to collect a rent guidelines increase from tenant. Landlord claimed also that it was unconstitutional to make it give tenant a renewal lease, because it violated landlord's property rights. The DHCR ruled against landlord. It didn't matter whether landlord was collecting any rent increase. Tenant was entitled to a renewal lease under the rent stabilization law and code. The DHCR didn't rule on landlord's constitutional claim because it didn't have the authority to do so under the law.

854 & 860 Executive Towers: DHCR Adm. Rev. Dckt. No. MC710041RO (5/31/00) [3-pg. doc.]