Landlord Can't Deem Improper Lease Renewal

Rent-stabilized tenant complained of a rent overcharge. Tenant said that his rent had been $460 for the past four years, but that landlord gave him new leases instead of renewal leases and gave him leases in 2009 for terms commencing both in 2007 and 2009. The DRA ruled that the base rent was $460, that there was no overcharge since no higher rent was collected, that the 2007 and 2009 leases were on improper forms, that tenant's 2009 rent was frozen because landlord didn't file a registration statement for that year, and that the 2009 lease was deemed renewed for two years. Tenant and landlord both appealed. The DHCR ruled for tenant. Landlord can't deem an improper lease. So the DRA incorrectly increased tenant's legal rent.

Harrypaul/Sinckler: DHCR Adm. Rev. Docket Nos. YF210067RT, YG210025RO (9/14/11) [3-pg. doc.]