Landlord Can Require Guarantor for Renewal Lease

January 1, 2001

LVT Number: 14657

Tenant wanted to renew his rent-stabilized lease in his name alone. Tenant's prior lease had been signed by a cotenant and a guarantor. Landlord said it would renew the lease if the same guarantor signed the renewal lease. Tenant asked the DHCR if this was legal. In an opinion letter, the DHCR said yes. Under the Rent Stabilization Code, landlord is required to offer a renewal lease on the same terms and conditions as the prior lease. So if the prior lease had a guarantor, it was proper to request a guarantor on the renewal.

Tenant wanted to renew his rent-stabilized lease in his name alone. Tenant's prior lease had been signed by a cotenant and a guarantor. Landlord said it would renew the lease if the same guarantor signed the renewal lease. Tenant asked the DHCR if this was legal. In an opinion letter, the DHCR said yes. Under the Rent Stabilization Code, landlord is required to offer a renewal lease on the same terms and conditions as the prior lease. So if the prior lease had a guarantor, it was proper to request a guarantor on the renewal. But the DHCR said also that the guarantor didn't have to be the same person if tenant had a suitable alternate.

DHCR Opin. Ltr. by Charles Goldstein (5/23/00) [2-pg. doc.]

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