Landlord Claims Nonprimary Residence

September 30, 2006

LVT Number: 19149

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, who represented the landlord.) Tenant complained that landlord refused to renew his lease. The DRA ruled against tenant. Tenant appealed and lost. Landlord had sent tenant a timely notice of nonrenewal of the lease based on a nonprimary residence. Once tenant's current renewal lease expired, landlord had 30 days to start an eviction case in court. If landlord didn't start the case within that time or if landlord lost its case, it would have to offer tenant a renewal lease.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, who represented the landlord.) Tenant complained that landlord refused to renew his lease. The DRA ruled against tenant. Tenant appealed and lost. Landlord had sent tenant a timely notice of nonrenewal of the lease based on a nonprimary residence. Once tenant's current renewal lease expired, landlord had 30 days to start an eviction case in court. If landlord didn't start the case within that time or if landlord lost its case, it would have to offer tenant a renewal lease. Otherwise, tenant couldn't stop landlord by filing a complaint with the DHCR.

Disch: DHCR Adm. Rev. Docket No. UB410061RT 8/30/06 [2-pg. doc.]

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