Co-Tenant Not Needed for Renewal Lease

Rent-stabilized tenant complained that landlord refused to renew his lease. Landlord had in fact sent tenant the renewal lease form but refused to execute the renewal because tenant's co-tenant hadn't signed. Tenant claimed that the co-tenant sent landlord a letter advising landlord that he had moved out and wouldn't be signing the renewal lease. The DRA ruled against tenant because tenant didn't submit a copy of that letter to the agency. Tenant appealed, claiming that he didn't receive the DRA's notice for the document. Tenant attached a copy of the letter to his PAR. The letter was signed and notarized by the co-tenant and asked landlord to remove his name from the renewal lease because he had moved out. The DHCR ruled for tenant. Tenant provided an acceptable explanation for not submitting the letter. Landlord should delete co-tenant's name from the renewal lease and return a signed copy to tenant. The Nov.1, 2007, renewal commencement date remains effective.

Frischer: DHCR Adm. Rev. Docket No. WI410010RT (12/4/08) [3-pg. doc.]