Tenant's Complaint Filed After Landlord Sued for Nonprimary Residence

Rent-stabilized tenant complained that landlord refused to renew her lease. The DRA ruled against tenant and dismissed her complaint because landlord had started an eviction proceeding in housing court based on nonprimary residence. Tenant appealed, claimed that landlord didn't properly deliver the lease nonrenewal notice, and that landlord accepted rent for two months after her last renewal lease ended. The DHCR ruled against tenant. Landlord's affidavit of service showed that landlord sent the lease nonrenewal and termination notice to tenant in a timely manner between 90 and 150 days before tenant's last renewal lease ended. And whether landlord accepted rent payments after termination of tenant's last lease wasn't relevant to tenant's lease renewal complaint before the DHCR. Landlord wasn't required to give tenant a renewal lease unless the court ruled against him in the pending nonprimary residence proceeding.

Waters: DHCR Adm. Rev. Docket No. VJ410016RT (12/3/07) [3-pg. doc.]