Subtenant of Nonprofit Organization Not Rent Stabilized

Landlord rented an apartment to Community Access, Inc., a nonprofit organization that received government funds for charitable purposes. Tenant in turn sublet the apartment. Subtenant complained to the DHCR that tenant refused to renew her lease. Tenant claimed that it didn't renew the sublease because it was vacating the apartment. The DRA ruled against subtenant, who appealed and lost. Under Rent Stabilization Code Section 2520.11(f), the apartment was temporarily exempt from rent stabilization because tenant was a government-funded nonprofit institution operating for a charitable purpose. And even if the apartment was rent stabilized, The Code didn't require a stabilized tenant to offer subtenant a renewal lease.

Nappi: DHCR Adm. Rev. Docket No. YL410030RT (5/3/11) [2-pg. doc.]