Nonrenewal Notice Not Required to Deregulate High-Rent Apartment

LVT Number: 13230

(Decision submitted by Patti Stone of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DHCR ruled for landlord based on tenant's failure to answer the application within 60 days. Tenant appealed, claiming, among other things, that if landlord intended to deregulate his apartment, it should have sent tenant a nonrenewal notice when his lease expired. The court ruled against tenant.

(Decision submitted by Patti Stone of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DHCR ruled for landlord based on tenant's failure to answer the application within 60 days. Tenant appealed, claiming, among other things, that if landlord intended to deregulate his apartment, it should have sent tenant a nonrenewal notice when his lease expired. The court ruled against tenant. The Rent Stabilization Code lists the circumstances under which landlord must send tenant a notice of intention not to renew a stabilized lease. High-rent/high-income deregulation isn't one of the required reasons for sending a nonrenewal notice.

Juro v. DHCR: Index No. 109988/98 (3/5/99) (Sup. Ct. NY; Cohen, J) [7-pg. doc.]

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