Occupant Not Entitled to Renewal Lease and Didn't Claim Succession Rights

Apartment occupant complained that landlord failed to offer him a rent-stabilized renewal lease. Landlord responded that the apartment wasn't the tenant's primary residence and that landlord had sent tenant a timely, proper notice of its intention not to renew the lease that expired on May 22, 2018. The DRA ruled for occupant in part and issued a "Conditional Dismissal of Tenant's Complaint (Non-Primary Residence)." The DRA's order found that landlord had commenced an eviction proceeding and that, if the court ruled in tenant's favor, landlord must offer tenant a renewal lease.

Landlord appealed and won. Landlord pointed out that the housing court already had ruled that the complainant was just an occupant and had no tenancy rights to the apartment. So the DRA couldn't list occupant as a tenant of the apartment and landlord had no obligation to offer him a renewal lease. The former tenant also was primarily residing elsewhere and had never filed a complaint to seek a renewal lease. The DHCR noted that the housing court ruled in 2019 that the occupant had no tenancy rights. So there was reason for the DRA to condition its order on the court case, and the occupant's lease violation complaint was dismissed. In addition, the occupant never set forth a succession claim before the DRA and didn't claim succession as a defense in housing court. He couldn't make this claim for the first time in his PAR.

Soufer Family, LLC: DHCR Adm. Rev. Docket No. IW410014RO (6/17/21)[2-pg. document]