Landlord Didn't Follow Proper Procedure to Withdraw Apartment from Rental Market

Landlord asked the DHCR for permission to refuse to renew tenant's lease so that it could use the apartment for the building super's residence. The DRA ruled against landlord because landlord had just signed a two-year renewal lease with tenant. Landlord appealed and lost. To withdraw tenant's rent-stabilized apartment from the rental market to provide a super's residence, Rent Stabilization Code Section 2524.2(c)(3) requires landlord to send tenant a lease nonrenewal notice between 90 and 150 days before tenant's lease expired in order to seek this permission from the DHCR. Although landlord claimed it would need the apartment in the future, landlord's needs could change during the current two-year renewal period. So landlord's application to the DHCR was premature.

West Side Equities LLC: DHCR Adm. Rev. Docket No. XG410026RO (8/31/09) [3-pg. doc.]