Landlord Can't Offer Tenant Modified Renewal Lease

Tenant complained that landlord didn't properly renew his rent-stabilized lease. The DRA ruled against tenant. The DRA found that landlord offered tenant a first renewal on Sept. 12, 2006, which reflected the legal regulated rent but also provided for a preferential rent for one or two years starting Jan. 1, 2007. The second renewal offer dated Dec. 28, 2006, eliminated the preferential rent and offered a renewal over the legal regulated rent only. The DRA allowed landlord to change the offer and charge the higher legal rent, even though tenant had accepted the first offer by signing the lease and returning it to landlord for landlord's signature. Tenant appealed and won. Generally, a binding agreement results when the terms of an offer are accepted prior to the time that the offer is withdrawn. Here, tenant had accepted and signed the first renewal lease offered before landlord sent the second offer. The first renewal lease, signed and returned by tenant, was binding. Landlord must sign and return that lease to tenant within 30 days.

Irizarri: DHCR Adm. Rev. Docket No. VF110049RT (9/12/07) [3-pg. doc.]