Eviction Case Delayed While DHCR Decides Renewal Lease Issue

April 1, 1996

LVT Number: 10487

Landlord sued to evict rent-stabilized tenants for not signing a renewal lease. Before that, landlord had applied to the DHCR for high-income deregulation of tenants' apartment. Tenants, in turn, moved out of the apartment and complained to the DHCR that landlord wouldn't give their adult children a renewal lease. The court dismissed landlord's eviction petition based on the pending DHCR proceedings, and landlord appealed.

Landlord sued to evict rent-stabilized tenants for not signing a renewal lease. Before that, landlord had applied to the DHCR for high-income deregulation of tenants' apartment. Tenants, in turn, moved out of the apartment and complained to the DHCR that landlord wouldn't give their adult children a renewal lease. The court dismissed landlord's eviction petition based on the pending DHCR proceedings, and landlord appealed. The appeals court ruled that the eviction case should be delayed, not dismissed, while the DHCR resolves the related issues already raised in landlord's application and tenants' complaint.

Kahn v. Glickman: NYLJ, p. 31, col. 4 (3/29/96) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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