Landlord Properly Sent Tenant Nonrenewal Notice

Tenant complained that her rent-stabilized lease wasn't renewed. The DRA ruled for tenant and directed landlord to give tenant a copy of a fully signed lease. Landlord appealed, pointing out that it had sent tenant a timely nonrenewal notice based on its claim that tenant didn't live in the apartment as her primary residence. Landlord also pointed out that a decision by the New York City Department of the Aging on tenant's entitlement to SCRIE benefits had no effect on whether landlord could bring an eviction case against tenant for nonprimary residence. The DHCR ruled for landlord. Tenant admitted receipt of a timely nonrenewal notice. Landlord wasn't required to give tenant a renewal lease if it claimed nonprimary residence. The Department of the Aging also had no authority to decide the question of primary residence of a rent-stabilized apartment.

136 E. 56th St. Units LLC: DHCR Adm. Rev. Dckt. No. SD410021RK (6/4/04) [2-pg. doc.]