Landlord Can't Justify Not Fully Executing Tenant's Renewal Lease in 2019

LVT Number: #33235

Rent-stabilized tenant filed a lease violation complaint with the DHCR, claiming in 2021 that landlord hadn't renewed her lease since 2019. The DRA ruled for tenant and directed landlord to offer tenant a renewal lease within 30 days, for tenant to sign that lease within 60 days thereafter, and for landlord to countersign the renewal and file apartment registrations for 2021 to 2024.

Rent-stabilized tenant filed a lease violation complaint with the DHCR, claiming in 2021 that landlord hadn't renewed her lease since 2019. The DRA ruled for tenant and directed landlord to offer tenant a renewal lease within 30 days, for tenant to sign that lease within 60 days thereafter, and for landlord to countersign the renewal and file apartment registrations for 2021 to 2024.

Landlord appealed and lost. Landlord claimed that it had offered tenant a renewal lease in 2019 but that tenant failed to return the renewal lease rider. But landlord didn't demonstrate that a rider was offered with the 2019 renewal lease or that tenant refused to execute the 2019 renewal. And, since the term of the 2019 lease term had long expired, landlord was directed to offer tenant a new renewal lease within 30 days based on the rent of $895.33.

30-44 7H Owner LLC: DHCR Admin. Rev. Docket No. MN11016RO (5/28/24)[2-pg. document]

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