Landlord Required Tenant to Sign Commercial Lease

April 1, 2004

LVT Number: 17234

Tenant complained to the DHCR that landlord refused to give her a rent-stabilized renewal lease. Landlord claimed that the unit was commercial and tenant was violating his lease by living there. The DHCR ruled for tenant. Landlord challenged the DHCR's ruling in court. An appeals court ruled against landlord. At a hearing before the DHCR, tenant proved that landlord required tenant to sign a commercial lease as a condition of rental when landlord knew that tenant would live in the apartment. The DHCR's decision was based on substantial evidence and must be upheld.

Tenant complained to the DHCR that landlord refused to give her a rent-stabilized renewal lease. Landlord claimed that the unit was commercial and tenant was violating his lease by living there. The DHCR ruled for tenant. Landlord challenged the DHCR's ruling in court. An appeals court ruled against landlord. At a hearing before the DHCR, tenant proved that landlord required tenant to sign a commercial lease as a condition of rental when landlord knew that tenant would live in the apartment. The DHCR's decision was based on substantial evidence and must be upheld.

15 West Realty LLC v. DHCR: NYLJ, 3/29/04, p. 24, col. 3 (App. Div. 1 Dept.; Buckley, PJ, Nardelli, Saxe, Marlow, JJ)

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