Landlord Must Renew Lease

September 30, 2007

LVT Number: #19942

Rent-stabilized tenant complained that landlord refused to renew his lease. Landlord claimed that he couldn't renew tenant's lease because the building must be empty before renovations could be done. The DRA ruled against landlord and directed him to renew tenant's lease. Landlord appealed and lost. Rent Stabilization Code Section 2524.5 permits nonrenewal of tenant's lease only if the DHCR has approved an application filed by landlord to rehabilitate a building. The DRA advised landlord of this rule.

Rent-stabilized tenant complained that landlord refused to renew his lease. Landlord claimed that he couldn't renew tenant's lease because the building must be empty before renovations could be done. The DRA ruled against landlord and directed him to renew tenant's lease. Landlord appealed and lost. Rent Stabilization Code Section 2524.5 permits nonrenewal of tenant's lease only if the DHCR has approved an application filed by landlord to rehabilitate a building. The DRA advised landlord of this rule. Because landlord has filed no application, there are no grounds not to renew tenant's lease.

Plonski: DHCR Adm. Rev. Docket No. VE210040RO (7/30/07) [2-pg. doc.]

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