Court, Not DHCR, Must Decide Nonprimary Residence Issue

Tenant complained to the DHCR that landlord didn't renew her rent-stabilized lease. Landlord answered that it sent tenant a nonrenewal notice based on nonprimary residence. The DRA ruled against tenant. Tenant appealed and lost. Landlord sent tenant a proper termination notice stating that it wasn't renewing tenant's lease due to landlord's claim that tenant didn't primarily reside in her apartment. Landlord had 30 days from the date of lease termination to start an eviction proceeding in court. The court, not the DHCR, had authority to decide questions of primary residence of a rent-stabilized apartment.

Lee: DHCR Adm. Rev. Docket No. VF410032RT (10/9/07) [2-pg. doc.]