Occupant Who Paid Rent Entitled to Renewal Lease

Apartment occupant complained that landlord would not give him a rent-stabilized renewal lease. Landlord claimed that occupant was not entitled to a lease. The DRA ruled for occupant. The DRA found that occupant was living alone in apartment for four years before he filed his complaint and, therefore, was entitled to succession rights. Landlord appealed and lost. The DHCR said the four-year rule applied only to rent overcharge cases, and succession rights were not an issue in this case. But prior landlord started accepting rent directly from occupant a number of years earlier, after tenant had moved out. This created a tenancy. Occupant, therefore, was entitled to a renewal lease in his own name.

Kay: DHCR Adm. Rev. Docket No. UJ210010RO (11/20/06) [2-pg. doc.]