Deemed Lease Renewal

(Decision submitted by Manhattan attorney Tracy William Boshart, who represented the landlord.) Tenant complained of a rent overcharge, claiming that his 1994 renewal lease was signed 13 months late. Landlord pointed out that this was because tenant had refused to sign the renewal lease and showed that it had to threaten to sue tenant in housing court for not signing his renewal lease. Tenant signed the renewal lease only after landlord delivered a notice to cure to tenant. Tenant then paid the back rent at the renewal lease rate. Landlord argued that the DHCR should deem a renewal lease for the 13-month period during which tenant had initially refused to renew his lease. The DRA ruled for landlord and deemed a renewal lease for the period in question. There was no rent overcharge.

Williams v. Rachel Bridge Corp.: DRA Dckt. No. MK410084R (5/14/99) [2-pg. doc.]