Landlord Must Give Tenant Renewal Lease

July 31, 2007

LVT Number: #19752

Landlord sued to evict rent-stabilized tenant, to recover apartment for owner occupancy. Tenant asked the court to dismiss the case. Tenant had filed a complaint with the DHCR based on landlord's failure to renew her lease. The DHCR already had ruled for tenant in that case. Landlord had ignored the DHCR's order and started the eviction proceeding. The court ruled for tenant. Landlord was barred from starting an eviction proceeding based on owner occupancy until tenant's lease was up for renewal again.

Landlord sued to evict rent-stabilized tenant, to recover apartment for owner occupancy. Tenant asked the court to dismiss the case. Tenant had filed a complaint with the DHCR based on landlord's failure to renew her lease. The DHCR already had ruled for tenant in that case. Landlord had ignored the DHCR's order and started the eviction proceeding. The court ruled for tenant. Landlord was barred from starting an eviction proceeding based on owner occupancy until tenant's lease was up for renewal again. Landlord had failed to respond to three DHCR requests for an answer to tenant's lease renewal complaint. The DHCR's decision was binding.

Koros v. Salas: NYLJ, 7/6/07, p. 23, col. 3 (Civ. Ct. Kings; Heymann, J)

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