Court Not Bound by DHCR Order

Facts: Landlord delivered a termination notice to tenant advising her that it wouldn't renew her lease based on nonprimary residence. Tenant then filed a DHCR complaint, claiming that landlord refused to renew her lease. The DRA ruled that landlord was entitled to proceed if it filed its court petition within 30 days of the expiration of tenant's current lease. Landlord later sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that landlord's petition should be dismissed because landlord brought the court case more than 30 days after her lease expired, in violation of the DRA's order. Court: Tenant loses. Landlord didn't have to get the DHCR's permission to evict tenant for nonprimary residence. The housing court had ``primary jurisdiction'' over that issue. Landlord had properly delivered a termination notice to tenant before starting the court case. The court wasn't bound by the DHCR's order.

Central Living LLC v. Payton: NYLJ, 3/21/01, p. 19, col. 3 (Civ. Ct. NY; Rodriguez, J)