Occupant Entitled to Renewal Lease in His Own Name

Occupant complained that landlord refused to give him a rent-stabilized renewal lease. The DRA ruled against occupant, and occupant appealed. Prior tenant moved in under a vacancy lease in January 1997. In April 1997, occupant moved into the apartment with prior tenant and with landlord's knowledge and consent. Landlord signed a letter agreement that occupant would pay half of the rent directly to landlord. After the vacancy lease expired, occupant asked landlord for a renewal lease in his own name. Landlord claimed that occupant was merely prior tenant's roommate. The DHCR ruled for occupant. Landlord altered the terms of prior tenant's vacancy lease and treated occupant as prior tenant's cotenant. Occupant was entitled to a renewal lease in his own name.

Hall: DHCR Adm. Rev. Dckt. No. RA410048RT (8/20/03) [3-pg. doc.]