Certified Mail Receipt Proves Untimely Renewal Lease Offer

Tenant filed a lease violation complaint in Oct. 2005. Tenant's current lease expired on Sept. 30, 2005. Tenant claimed that landlord hadn't sent her a renewal lease. Landlord claimed that it did, and submitted proof. The DRA ruled for tenant, and found that landlord sent the renewal lease offer on Oct. 26, 2005. Since the lease was offered late, tenant's next renewal wouldn't start until Feb. 1, 2006. Landlord appealed. A member of landlord's staff submitted a sworn statement that she sent tenant a renewal lease offer on July 1, 2005, and advised tenant that she would send a revised renewal lease offer when the rent guidelines order increases were set for that year. A revised lease was sent to tenant on Sept. 22, 2005. The DHCR ruled against landlord. Part of landlord's proof was a certified mail receipt that was date stamped by the U.S. Post Office on Oct. 26, 2005. So the DRA correctly determined the renewal lease offer was sent on Oct. 26.

Nassau Cedarhurst Co.: DHCR Adm. Rev. Docket No. UL710008RO (4/19/07) [3-pg. doc.]