Landlord Didn't Offer Renewal Lease

August 31, 1995

LVT Number: 10012

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed he owed less rent than landlord demanded. Tenant was hired as the building superintendent in 1986 and initially got an apartment rent-free. At some point, tenant was no longer the super, and the DHCR set a maximum rent tenant could be charged. But landlord had never offered tenant any renewal lease, as required by the ETPA. The court ruled against landlord. Landlord couldn't increase tenant's rent beyond a lower rent charged without giving tenant a renewal lease.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed he owed less rent than landlord demanded. Tenant was hired as the building superintendent in 1986 and initially got an apartment rent-free. At some point, tenant was no longer the super, and the DHCR set a maximum rent tenant could be charged. But landlord had never offered tenant any renewal lease, as required by the ETPA. The court ruled against landlord. Landlord couldn't increase tenant's rent beyond a lower rent charged without giving tenant a renewal lease.

28 Mitchell Place, Inc. v. Porat: NYLJ, p. 25, col. 5 (8/9/95) (City Court White Plains; Friedman, J)

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