Matter of 559 W. 156 BCR LLC v. NYS Div. of Hous. & Community Renewal

Abstract

A tenant in a rent-controlled apartment claimed her landlord wrongfully denied her renewal lease. The tenant\u27s 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\u27 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\u27t approved by DHCR. Courts can remand cases back to administrative agencies for further fact-finding if the initial investigation was insufficient