Co-Tenant's Name Omitted from Renewal Lease

LVT Number: #24668

A mother and son were both named co-tenants on the rent-stabilized lease of an apartment. Tenant son complained to the DHCR in July 2011 that landlord offered a 2011 renewal lease in the mother's name only. The DRA ruled for tenant and directed landlord to offer a proper renewal lease. Landlord appealed and lost. Landlord claimed that tenant didn't occupy the apartment as his primary residence. But landlord was required either to renew the lease on the same terms and conditions or to send a timely lease nonrenewal and termination notice alleging nonprimary residence.

A mother and son were both named co-tenants on the rent-stabilized lease of an apartment. Tenant son complained to the DHCR in July 2011 that landlord offered a 2011 renewal lease in the mother's name only. The DRA ruled for tenant and directed landlord to offer a proper renewal lease. Landlord appealed and lost. Landlord claimed that tenant didn't occupy the apartment as his primary residence. But landlord was required either to renew the lease on the same terms and conditions or to send a timely lease nonrenewal and termination notice alleging nonprimary residence. Landlord did neither. Instead, after the mother died in August 2011, landlord locked the son out of the apartment. A court restored the son to possession and awarded him triple damages and attorneys' fees. 

Edgemont Associates LLC: DHCR Adm. Rev. Docket No. AN910043RO (1/10/13) [2-pg. doc.]

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