Former Loft Tenant Must Be Given Rent-Stabilized Renewal Lease

Loft tenant complained to the DHCR of rent overcharge and lease violation. The DRA found no overcharge but ordered landlord to offer tenant a renewal lease within 30 days. Tenant appealed, making claims about the type of lease required. The DHCR ruled against tenant. In March 2009, the NYC Loft Board directed landlord to register the apartment with the DHCR and to give tenant a rent-stabilized lease based on the initial legal regulated rent set by the Loft Board. Landlord then attempted to offer tenant an initial lease at $1,156.48 per month, as ordered by the Loft Board. The lease was offered in January 2010, with a start date of Jan. 1, 2009. The DRA properly set the base rent date at April 28, 2010, four years before tenant filed her complaint. There was a lease in effect on that date followed by a month-to-month tenancy. Since tenant never paid a rent amount over and above the amount set by the Loft Board, there was no overcharge. Landlord may not charge a renewal increase without giving tenant a renewal lease. The base rent for the renewal lease was $1,156.48. Multiple Dwelling Law Section 286(3) doesn't require that clauses specifying tenant’s rights under the Loft Law be included in a vacancy lease. Neither the Loft Law nor the Rent Stabilization Code expressly require that the provisions of a former expired loft lease be incorporated verbatim in the first rent-stabilized lease. 

Milano: DHCR Adm. Rev. Docket No. DO410006RT (12/17/15) [3-pg. doc.]