Tenant's Lease Violation Complaint Dismissed Since Landlord Had Sent Nonrenewal Notice

Tenant filed a lease violation complaint with the DHCR, claiming that landlord failed to renew his lease that was set to expire on Nov. 30, 2022. The DRA ruled for tenant based on landlord's failure to answer the DRA's notice of tenant's complaint.

Landlord appealed and won. Landlord argued that the DRA sent notice of the complaint to an incorrect address. Landlord also stated that it had commenced an eviction proceeding against tenant based on nonprimary residence, which required investigation and witnesses. The DHCR noted that the DRA didn't mail notice of tenant's complaint to the landlord's address on file in the DHCR's rent registration system. Landlord also showed that it served a timely notice of lease nonrenewal on tenant on Aug. 26, 2022. This notice was served prior to tenant's lease violation complaint with the DHCR. On Dec. 8, 2022, landlord commenced a holdover proceeding in Civil Court based on nonprimary residence. So, since landlord had served the nonrenewal notice before the DHCR complaint was filed, the DHCR proceeding should have been dismissed. The DHCR noted that, if the housing court ruled in tenant's favor in the eviction case, tenant could file another complaint with the DHCR.

Vietor Apartments LLC: DHCR Adm. Rev. Docket No. LM110028RO (4/13/23)[2-pg. document]