Landlord Must Offer Renewal Lease While Deregulation Application Pending

Facts: Prior landlord asked the DHCR to destabilize tenant's apartment, claiming that tenant's monthly rent was over $2,000 and that tenant's annual income was over $250,000. When landlord's application was filed in May 1994, tenant had a rent-stabilized lease scheduled to expire on Jan. 31, 1995. New landlord renewed tenant's lease while the deregulation application was pending. In February 1995 the DHCR approved the deregulation application. Landlord then sued to revoke the renewal lease it signed with tenant. Landlord claimed that the DHCR was supposed to have issued the deregulation order by Dec. 1, 1994. Landlord also said it mistakenly offered tenant a renewal lease. Court: Landlord loses. Landlord was legally bound to issue tenant a renewal lease 120 to 150 days before the end of his lease on Jan. 31, 1995. The pending deregulation application didn't exempt landlord from renewing tenant's lease.

Rocky 116 L.L.C. v. Israelite: NYLJ, p. 26, col. 1 (11/8/95) (Sup. Ct. NY; Cohen, J)