DRA Sent Tenant Fully Executed Copy of Renewal Lease

Rent-stabilized tenant complained that landlord didn't send him a fully executed copy of his renewal lease after he signed the lease and sent it back. While the case was pending, landlord sent a fully executed copy to the DRA, who, in turn, forwarded it to tenant. The DRA then ruled that the case had been resolved. Tenant appealed, claiming that landlord didn't comply with Rent Stabilization Code Section 2522.5(b)(2), because he didn't send him the executed renewal lease directly. Tenant argued that his renewal rent increase therefore should have been delayed. The DHCR ruled against tenant. There was no reason to order landlord to send tenant a fully executed lease, because the DRA sent it to tenant. The delayed rent increase applies only if landlord fails to comply with an order to send tenant the fully executed lease. No order was needed in this case since tenant received the fully signed renewal from the DRA.

Roger: DHCR Adm. Rev. Docket No. ZC210011RT (9/28/11) [2-pg. doc.]