Rent-Stabilized Tenant Never Received Vacancy Lease

December 17, 2017

LVT Number: #28070

Landlord sued to evict rent-stabilized tenant for nonprimary residence when tenant's two-year renewal lease expired in 2017. Tenant asked the court to dismiss the case because landlord never gave him a vacancy lease. The court ruled for tenant and dismissed the case. Landlord never gave tenant a vacancy lease or any DHCR rider stating how tenant's rent was computed or apprising tenant of his rights and obligations under rent stabilization. Landlord gave tenant only a renewal lease in 2015, again with no rent stabilization rider.

Landlord sued to evict rent-stabilized tenant for nonprimary residence when tenant's two-year renewal lease expired in 2017. Tenant asked the court to dismiss the case because landlord never gave him a vacancy lease. The court ruled for tenant and dismissed the case. Landlord never gave tenant a vacancy lease or any DHCR rider stating how tenant's rent was computed or apprising tenant of his rights and obligations under rent stabilization. Landlord gave tenant only a renewal lease in 2015, again with no rent stabilization rider. Since landlord never gave tenant a vacancy lease containing terms, rights, and obligations required by law, nothing was renewed in tenant's renewal lease. Therefore, the lease termination notice landlord sent tenant was invalid.

160 Eagle Street, LLC v. Butler: 2017 NY Slip Op 27362, 2017 WL 5195009 (Civ. Ct. Kings; 11/6/17; Sikowitz, J)

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