Landlord Must Send Nonrenewal Notice Before Recovering Apartment for Super's Use

Facts: Landlord asked the DHCR for permission to evict rent-stabilized tenant because it wanted to withdraw tenant's apartment from the rental market and give it to the building super, rent free. Tenant's last renewal lease had expired four years earlier. Tenant claimed that landlord had no compelling necessity to recover his apartment. He also claimed retaliation for tenant's overcharge claim and other actions. He said landlord had recovered another apartment in the building for owner occupancy, even though he lived elsewhere. The DRA ruled against landlord, and landlord appealed. DHCR: Landlord loses. Withdrawal from the rental market is grounds for nonrenewal of a tenant's lease. Since landlord hadn't renewed tenant's lease for four years before filing its application, tenant had no lease, and landlord's application, technically, couldn't be maintained.

27 Bedford St. Corp.: DHCR Adm. Rev. Dckt. No. LH420050RO (1/24/01) [10-pg. doc.]