DHCR Won't Decide Tenant's Renewal Lease Complaint While Nonprimary Residence Case Is Pending

Rent-stabilized tenant complained that landlord refused to renew his lease. Tenant attached a copy of landlord's lease nonrenewal notice based on its claim of tenant's nonprimary residence. The DRA ruled for tenant based on landlord's failure to answer the DRA's notice of tenant's complaint.

Landlord appealed and won. Landlord showed proof of mailing of a timely answer filed in response to the complaint in September 2021. Landlord noted that it wasn't obligated to offer tenant a renewal lease based on its nonrenewal notice. Landlord also by now had commenced a housing court proceeding based on alleged nonprimary residence. The DHCR agreed that the DRA shouldn't have issued an order directing lease renewal. The issues of primary residence and lease renewal will be determined by the court. Meanwhile, tenant will remain a month-to-month tenant until the court issues its final decision.

Sheridan Gardens, LLC: DHCR Adm. Rev. Docket No. KM910019RO (4/8/22)[2-pg. document]