Landlord Must Renew Tenant's Lease

Rent-stabilized tenant complained that landlord didn't offer him a renewal lease. Landlord claimed that tenant was illegally subletting and that the apartment wasn't tenant's primary residence. The DRA ruled for tenant and ordered landlord to renew tenant's lease. Landlord appealed, again stating that tenant breached his lease by illegally subletting. The DHCR ruled against landlord. If landlord claimed nonprimary residence, landlord should have sent tenant a nonrenewal notice during the window period at least 90 days before his last lease expired. Landlord failed to do so, and tenant therefore was entitled to a renewal lease. If landlord believed that tenant was illegally subletting, landlord could send tenant a proper termination notice as required under the Rent Stabilization Code.

Marmion Avenue Associates, LP: DHCR Adm. Rev. Docket No. VJ610088RO (9/19/08) [3-pg. doc.]