No Renewal Lease Required for Successor Tenant to Rent-Controlled Apartment

A family member of former rent-controlled tenant claimed succession rights after tenant died, and complained to the DHCR that landlord refused to give him a renewal lease in his own name. The DRA ruled for the family member and ordered landlord to give tenant a renewal lease and to register the apartment.

Landlord appealed and won. Landlord admitted that the family member had succession rights. But landlord argued that, since the apartment was rent controlled, no renewal lease was required. The DHCR agreed. Under rent-control regulations, landlords aren't required to offer renewal leases to rent-controlled tenants. They are considered "statutory tenants." It didn't matter that the tenant's initial lease was issued in 1969 or that the landlord mistakenly registered the apartment as rent stabilized in 1984. 

502 West 136th Realty, LLC: DHCR Adm. Rev. Docket No. LR410012RO (7/26/23)[2-pg. document]