Landlord Didn't Offer Proper Rent-Stabilized Renewal Lease

August 21, 2019

LVT Number: #30272

Landlord sued to evict rent-stabilized tenants for failure to renew their lease. The court ruled against landlord and dismissed the case. Landlord offered both tenants a renewal lease, and one of the two stated that she didn't intend to renew. That tenant moved out of the apartment. But the other tenant remained, although landlord thought the second tenant also intended to vacate. In any event, landlord didn't offer tenants a renewal lease under the same terms and conditions as their initial lease and didn't include the required DHCR lease rider.

Landlord sued to evict rent-stabilized tenants for failure to renew their lease. The court ruled against landlord and dismissed the case. Landlord offered both tenants a renewal lease, and one of the two stated that she didn't intend to renew. That tenant moved out of the apartment. But the other tenant remained, although landlord thought the second tenant also intended to vacate. In any event, landlord didn't offer tenants a renewal lease under the same terms and conditions as their initial lease and didn't include the required DHCR lease rider. So the renewal offer was improper, and therefore can't be the basis for a claim that tenants failed to renew their rent-stabilized lease.

120 Beach 26th Street, LLC v. Cannon: Index No. 50470/19, 2019 NY Slip Op 51238(U) (Civ. Ct. NY; 7/23/19; Ressos, J)

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