Court of Appeals of the State of New YorkJul 11, 1985
65 N.Y.2d 900 (N.Y. 1985)
65 N.Y.2d 900483 N.E.2d 126493 N.Y.S.2d 451

Decided July 11, 1985

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Allen Murray Myers, J.

Arthur H. Victor for appellant.

Susan Saslow for respondents.


The order of the Appellate Division should be affirmed, without costs.

Section 50 of the Rent Stabilization Code (Code of Rent Stabilization Association of New York City, Inc.) provides that no tenant shall be denied a renewal lease except upon grounds specifically recognized by law. One recognized ground upon which a renewal lease may be denied is that the dwelling unit is not occupied as a tenant's primary residence. (Rent Stabilization Code § 54 [E].) Section 54 (E) of the Rent Stabilization Code mandates a method by which an owner may seek an authoritative determination of the tenant's status as a nonprimary resident. As the courts below correctly noted, where an owner seeks to invoke this ground to deny a tenant his right to a renewal lease, the owner must adhere to the procedure set forth in section 54 (E) of the Rent Stabilization Code, and give notice to the tenant of his intention not to offer a renewal lease not more than 150 and not less than 120 days prior to the end of the tenant's lease term. (Rent Stabilization Code § 60.) Inasmuch as plaintiff failed to observe the foregoing procedures, defendant is entitled to a renewal lease.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and TITONE concur; Judge ALEXANDER taking no part.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, without costs, in a memorandum.