Landlord Must Renew Rent-Stabilized Lease

Rent-stabilized tenant complained of an improper lease renewal. She claimed that landlord refused to renew her lease on the same terms and conditions as her prior lease. The DRA ruled for tenant. Landlord appealed. The DHCR ruled against landlord. Tenant's prior renewal lease listed tenant "and immediate family" after tenant's name. Landlord argued that this boilerplate language was in tenant's original lease, so it shouldn't have to keep the language in a renewal lease. But landlord had inserted this language in prior renewal leases, so it must continue to renew on the same terms and conditions. In addition, Real Property Law Section 235-f(3) guarantees tenants the right to have immediate family members live with them. So the renewal lease language gave no new rights to any person.

90 Eighth Avenue Housing Co., Inc.: DHCR Adm. Rev. Docket No. XG210025RO (10/30/09) [2-pg. doc.]