Renewal Lease Complaint Dismissed Based on Nonrenewal Notice

Rent-stabilized tenant complained to the DHCR that landlord refused to renew his lease. The DRA ruled against tenant because landlord claimed that the apartment wasn't tenant's primary residence and, for this reason, landlord wasn't renewing tenant's lease. The DRA ordered landlord to commence its eviction proceeding within 30 days after expiration of tenant's lease or the issuance date of its order, whichever was later. Tenant appealed and lost. The DRA incorrectly found that the dispute between landlord and tenant concerned primary residence. But landlord was a not-for-profit institution that required tenant's apartment for its charitable or educational purpose. Landlord had served a proper termination notice on tenant under Rent Stabilization Code Section 2524.4(b)(ii). If landlord lost its eviction case against tenant in housing court, it would be required to offer tenant a renewal lease. 

Rosman: DHCR Adm. Rev. Docket No. HV210002RT (12/23/19) [2-pg. doc.]