Case Type

7A Proceeding

Housing Type

Rent Controlled

Court

Supreme Court of the State of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

153232/2023

Slip Opinion Number

2024 NY Slip Op 30083(U)

Petitioner

Building Owner

Respondent

Tenant

Judge

Ally, Shahabuddeen Abid

Decision/Order Date

2024-01-08

Posture

Post-judgment Motion by Tenant

Disposition

Remitted to DHCR for further fact-finding

Winner

Tenant Partially Won

Synopsis

A tenant in a rent-controlled apartment claimed her landlord wrongfully denied her renewal lease. The tenant's parents previously agreed to vacate their rent-controlled unit for another apartment with financial incentives, but the court ruled the agreement invalid due to lack of evidence about informed consent and DHCR approval. On appeal, the landlord argued further fact-finding was impossible with deceased parents, but the court disagreed and remanded the case back to DHCR for a more thorough investigation of the circumstances surrounding the parents' surrender of their rent-controlled apartment. Key Legal Points:Tenants in rent-controlled apartments have strong protections against eviction and non-renewal of leases. Agreements to vacate rent-controlled units can be invalid if tenants are not properly informed about their rights or the agreement isn't approved by DHCR. Courts can remand cases back to administrative agencies for further fact-finding if the initial investigation was insufficient.

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