Court, Not DHCR, to Decide Landlord's Claim

Tenant complained to the DHCR that landlord didn't offer her a renewal lease. Tenant admitted that landlord instead sent her a notice of nonrenewal. Landlord's notice stated that he wasn't renewing tenant's lease, because he needed the apartment for his father, who was ill and needed to be closer to his family. The DRA ruled against tenant. Tenant appealed and lost. Landlord sent a timely nonrenewal notice. Whether landlord had the good-faith intent to use tenant's apartment for his father was a question of fact to be decided in court, not before the DHCR.

Sayers: DHCR Adm. Rev. Docket No. UE210048RT 7/12/06 [3-pg. doc.]