Co-Tenant's Name Can't Be Removed from Renewal Lease

LVT Number: #23838

Rent-stabilized tenant complained of an improper lease renewal. The renewal lease offered by landlord named both tenant and the co-tenant who signed the vacancy lease. Landlord refused to remove co-tenant's name even though she moved out years earlier and had never signed a renewal lease. The DRA ruled against tenant, who appealed and lost. Co-tenant never advised landlord that she had vacated or was surrendering her rights to the apartment. So landlord must continue to offer renewal leases in both names.

Rent-stabilized tenant complained of an improper lease renewal. The renewal lease offered by landlord named both tenant and the co-tenant who signed the vacancy lease. Landlord refused to remove co-tenant's name even though she moved out years earlier and had never signed a renewal lease. The DRA ruled against tenant, who appealed and lost. Co-tenant never advised landlord that she had vacated or was surrendering her rights to the apartment. So landlord must continue to offer renewal leases in both names.

Orenstein: DHCR Adm. Rev. Docket No. ZE410046RT (11/17/11) [2-pg. doc.]

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