Tenant Forced to Sign Office Lease

Facts: Tenant complained that landlord refused to renew his lease. Tenant claimed that the apartment was rent stabilized and that he primarily resided there. He claimed that landlord forced him to sign an office lease when he moved into the apartment even though tenant never used the apartment for any commercial purposes. Landlord argued that use of the apartment for other than commercial purposes violated tenant's lease. A hearing was held, and the DRA ruled for tenant. Landlord appealed. DHCR: Landlord loses. Tenant testified credibly that he told landlord's real estate broker that he was looking for an apartment to live in, that the apartment was furnished for residential use by landlord and contained a refrigerator, that he lived in the apartment as his primary residence, and that he didn't work in the apartment. While landlord claimed that tenant violated his lease by living in the apartment, she never sued to evict tenant for lease violation. The office lease that landlord gave tenant also had residential riders attached.

15 West Realty LLC: DHCR Adm. Rev. Dckt. No. QE410048RO (10/16/02) [7-pg. doc.]