Tenant's Lease Complaint Must Wait Until Case Decided

Rent-stabilized tenant complained to the DHCR that landlord refused to add his wife's name to tenant's lease upon renewal. Landlord claimed that tenant was entitled to no renewal lease at the moment because of a pending eviction proceeding. In that case, landlord was seeking an eviction warrant because tenant failed to comply with a settlement agreement signed in court. The DRA ruled for tenant, after landlord failed to send the DRA an update on the court case. Landlord appealed, claiming that the DRA never asked for an update and that it was undisputed that the court case was still pending. The DHCR ruled for landlord. The record showed that the DRA didn't ask for any update and that the court case was ongoing. The DHCR changed its ruling to state that landlord must add tenant's wife's name to the lease only when the court case was over and only if tenant won the case and it was dismissed.

Town House Management: DHCR Adm. Rev. Docket No. WJ410007RO (12/18/08) [2-pg. doc.]