Landlord Must Renew Tenant's Lease Despite Pending Court Proceeding

Rent-stabilized tenant complained to the DHCR that landlord refused to renew her lease. Landlord argued that it had sued to evict tenant based on nonprimary residence and that it would give tenant a renewal lease if the court ruled in tenant's favor. Tenant later showed the DRA a copy of a court order dismissing the case due to landlord's failure to appear on a trial date. Landlord also subsequently withdrew a motion to restore the case to the court calendar. The DRA then ruled for tenant and directed landlord to offer tenant a renewal lease.

Landlord appealed and lost. Landlord pointed out that the eviction proceeding was later restored to the court's calendar and that landlord sold the building to a new owner who was continuing the eviction case. But landlord never advised the DRA that the court proceeding had been restored at any time between June 2018 and February 2019 when the DRA issued its order. So the DRA properly ordered landlord to renew tenant's lease.

Piazza Della Edgecombe, LLC: DHCR Adm. Rev. Docket No. HO410010RO (9/11/19) [3-pg. doc.]