Lease Nonrenewal Case Reopened Based on Law Office Failure

Tenant complained that landlord failed to offer her a rent-stabilized renewal lease. The DRA ruled for tenant after landlord failed to answer the complaint, and ordered landlord to offer tenant a one- or two-year renewal lease. Landlord appealed, and the case was reopened. Landlord claimed that it sent its attorney a copy of the DRA's notice of tenant's complaint, but that the attorney failed to act on the case. Landlord argued that it shouldn't be punished for law office failure. Landlord also pointed out that it had started an illegal sublet action prior to tenant's filing of the DHCR complaint, and that tenant primarily resided somewhere outside the apartment. The DHCR ruled for landlord because landlord showed it acted immediately after receiving the tenant complaint from the DRA, and the DHCR had excused landlords for law office failure in other cases. Landlord also had set forth a meritorious defense to the lease renewal complaint. So the case was sent back to the DRA to process it on the merits.

456 LLC: DHCR Adm. Rev. Docket No. HT210018RO (11/5/19) [2-pg. doc.]