Landlord Properly Notified Tenant of Intent Not to Renew Lease

Westchester County tenant complained that landlord didn't renew her rent-stabilized lease. The DRA ruled against tenant. Landlord complied with ETPA Section 2504.3(c)(3) by notifying tenant during the 120- to 90-day window period of landlord's intent not to renew tenant's lease based on owner occupancy. Tenant appealed, claiming that landlord didn't demonstrate an immediate and compelling need to recover tenant's apartment, as required by TPR Section 2504.4(a). The DHCR again ruled against tenant. Tenant's complaint concerned only whether landlord had to give tenant a renewal lease. Since landlord gave tenant a nonrenewal notice during the period when lease renewal was due, there were no grounds for tenant's complaint. Whether landlord could prove his need to recover tenant's apartment for owner occupancy purposes was an issue to be decided by a court in an eviction proceeding.

Mercado: DHCR Adm. Rev. Docket No. UJ910021RT (7/13/07) [3-pg. doc.]