Landlord Should Have Given Tenant Renewal Lease

April 30, 2006

LVT Number: 18866

Landlord asked the DHCR for permission not to renew rent-stabilized tenant's lease. Landlord wanted to recover the apartment for owner occupancy. Specifically, landlord wanted the apartment for his sister, whose New York City apartment lease expired on Dec. 31, 2004. The DRA ruled against landlord. Landlord appealed and lost. In a prior case, the DHCR ordered landlord to issue new rent-stabilized leases to all tenants in the building. If landlord had complied with that order, tenant would have had a lease in place at the time landlord sought permission to terminate the tenancy.

Landlord asked the DHCR for permission not to renew rent-stabilized tenant's lease. Landlord wanted to recover the apartment for owner occupancy. Specifically, landlord wanted the apartment for his sister, whose New York City apartment lease expired on Dec. 31, 2004. The DRA ruled against landlord. Landlord appealed and lost. In a prior case, the DHCR ordered landlord to issue new rent-stabilized leases to all tenants in the building. If landlord had complied with that order, tenant would have had a lease in place at the time landlord sought permission to terminate the tenancy. So landlord couldn't make his owner occupancy application for tenant's apartment at this time.

Datz: DHCR Adm. Rev. Dckt. No. TJ170008RO (3/24/06) [4-pg. doc.]

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