Tenant's Primary Residence Is Question for Court, Not DHCR

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained that landlord refused to renew his rent-stabilized lease. Landlord claimed that the apartment wasn't tenant's primary residence and that he had sent tenant a nonrenewal notice. The DRA ruled against tenant. Tenant appealed and lost. Tenant noted that landlord hadn't started any court case when tenant filed his complaint with the DHCR. The DHCR said landlord had sent tenant a lease nonrenewal notice. And as stated in the DRA's order, landlord had 30 days to start an eviction proceeding after tenant's current lease expired. If landlord didn't do so, he would have to offer tenant a renewal lease. Otherwise, landlord could proceed in court.

Disch: DHCR Adm. Rev. Docket No. UB410061RT (8/30/06) [2-pg. doc.]