Landlord Must Offer Tenant Renewal Lease Despite Nonprimary Residence Claim

Rent-stabilized tenant complained to the DHCR that landlord failed to renew her lease. In response, landlord argued that tenant wasn't maintaining the apartment as her primary residence. Tenant's last lease expired on April 30, 2021, and landlord claimed that it served a nonrenewal notice on tenant in January 2021. But landlord didn't submit a copy of any nonrenewal notice or court papers showing it had started an eviction proceeding, despite requests from the DRA. The DRA ruled for tenant and directed landlord to offer her a renewal lease.

Landlord appealed and lost. Landlord submitted a copy of the nonrenewal notice with its PAR, and argued that subtenants lived in the apartment while tenant now lived in California. The DHCR pointed out that landlord failed to answer the DRA's request for additional information, seeking proof of the claimed lease nonrenewal for nonprimary residence. Rent Stabilization Code Section 2529.6 limits the scope of review on appeal to facts or proof raised before the DRA. So, the DHCR couldn't accept any proof on PAR when no valid excuse was offered for not submitting it to the DRA.

Tiffany Properties LLC; DHCR Adm. Rev. Docket No. KM410002RO (3/29/22)[4-pg. document]