Landlord Misstated Lease Date

Tenant complained that landlord didn't renew his rent-stabilized lease. Landlord had refused to renew tenant's lease, claiming that he sought tenant's apartment for his own use and occupancy. The DHCR ruled against tenant. Tenant later requested reconsideration. Landlord had misstated the true lease termination date in its application for owner occupancy. The true date was contained within the DHCR's original record of the cases. So the DHCR reopened tenant's complaint and ordered landlord to give tenant a renewal lease. Landlord appealed. The court and appeals court ruled against landlord. Landlord's refusal to renew tenant's lease must be based on a termination notice served between 150 and 120 days before the actual termination date. In light of the true lease termination date, landlord didn't comply with this time requirement. It was proper for the DHCR to reopen the case based on an irregularity in a vital matter.

Popik v. DHCR: NYLJ, p. 26, col. 4 (3/11/96) (App. Div. 1 Dept.; Ellerin, JP, Rubin, Ross, Williams, Tom, JJ )