DHCR Can Decide Tenant's Claim that Nonrenewal Notice Was Defective

January 1, 1997

LVT Number: 11157

Tenant complained that institutional landlord didn't renew rent-stabilized lease. The DRA ruled for tenant and directed landlord to offer tenant a renewal lease. Landlord appealed. Landlord had sent tenant a notice of nonrenewal, stating that landlord wished to recover the apartment to use for its educational purposes. Landlord claimed that it was up to a court to decide the issue since landlord would be suing to evict tenant. The DHCR ruled against landlord. Landlord's nonrenewal notice to tenant didn't properly state the particular reasons that landlord was refusing to renew the lease.

Tenant complained that institutional landlord didn't renew rent-stabilized lease. The DRA ruled for tenant and directed landlord to offer tenant a renewal lease. Landlord appealed. Landlord had sent tenant a notice of nonrenewal, stating that landlord wished to recover the apartment to use for its educational purposes. Landlord claimed that it was up to a court to decide the issue since landlord would be suing to evict tenant. The DHCR ruled against landlord. Landlord's nonrenewal notice to tenant didn't properly state the particular reasons that landlord was refusing to renew the lease. So the DHCR didn't lose the authority to decide the issue. Since landlord's nonrenewal notice was defective, landlord must offer tenant a renewal lease.

School of Visual Arts: DHCR Adm. Rev. Dckt. No. HL410094RO (8/30/96) [2-page document]

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