Eviction Case Started Based on Nonprimary Residence

Rent-stabilized tenants complained that landlord refused to renew their lease. The DRA ruled against tenants. They appealed and lost. Landlord didn't renew tenants' lease. Instead, landlord sent tenants a timely notice of nonrenewal based on a claim of nonprimary residence. In their appeal, tenants claimed that landlord hadn't started any court case. They made this claim a week after their lease expired. Landlord subsequently started a court case. Tenants were represented by an attorney and claimed that they had left the apartment temporarily because of a mold condition. Landlord was entitled to start an eviction case based on nonprimary residence, and only a court could decide that issue. Tenants could raise defenses in that case. If the court ruled against landlord, then tenants would be entitled to a renewal lease. Otherwise, the DHCR couldn't direct landlord to offer the renewal lease at this time.

Birrenbach: DHCR Adm. Rev. Dckt. No. SH410057RT (11/24/04) [3-pg. doc.]