Rent-Stabilized Tenant's Roommate Can't Get Lease in Her Name

Rent-stabilized tenant's roommate complained that landlord refused to offer her a renewal lease or to acknowledge her succession rights to the apartment. Landlord had in fact started an eviction proceeding against tenant for nonprimary residence. The DRA ruled against roommate. Roommate appealed, claiming that tenant was working out of state and wasn't available to sign the renewal lease. She also argued that landlord unreasonably claimed that tenant was no longer a primary resident of the apartment because he had vacated. The DHCR ruled against tenant. The issues raised by roommate were already before the court, which had the authority to rule on primary residence and succession rights questions.

White: DHCR Adm. Rev. Docket No. UK210028RT (2/21/07) [2-pg. doc.]