DHCR Orders Delay of Lease Commencement Date

Rent-stabilized tenant complained of an improper lease renewal. He said his renewal lease was due in August 2005, but that landlord didn't offer the renewal until April 2006. Tenant filed his complaint after signing the renewal lease. The lease form still stated that the renewal lease started in August 2005 although landlord didn't collect any rent increase until July 2006. Landlord claimed that prior landlord had offered renewal lease to tenant in 2005, but that tenant didn't sign the renewal until 2006. Landlord also argued that tenant agreed to the retroactive renewal date. Landlord said that tenant waived any option he had to change the renewal commencement date.
The DHCR ruled for tenant and changed the renewal lease commencement date to July 1, 2006. Landlord appealed, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against landlord. The DHCR reasonably interpreted the Rent Stabilization Code to grant tenant's request. There was no proof that prior landlord offered a timely renewal lease. And the DHCR found that tenant didn't agree to the retroactive renewal date simply by signing the renewal lease form. Tenant had the option to have the renewal lease start 90 days after it was offered in April 2006.

Friedman v. DHCR: Index No. 114769/07 (3/26/08) (Sup. Ct. NY; Gische, J) [6-pg. doc.]