Court Already Ruled Tenants Not Entitled to Renewal Lease

Tenants complained that landlord refused to offer them a rent-stabilized renewal lease after their prior lease expired. The DRA ruled for tenants and ordered landlord to offer tenants a renewal lease. Landlord appealed. Landlord showed that a trial court and appeals court already had ruled that tenants weren't subject to rent stabilization. Their original lease stated that they were renting the apartment for use only as a day care center, not for housing. The courts had ruled that tenants were exempt from rent stabilization, and had issued an eviction warrant. The DHCR ruled for landlord. The courts already had ruled that tenants were exempt from stabilization and that tenants could be evicted.

Benroal Realty Associates, LP: DHCR Adm. Rev. Docket No. VC710010RO (5/15/07) [2-pg. doc.]