Landlord Didn't Prove 'Deemed' Renewal Lease

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,800, including triple damages. Landlord appealed, claiming that the DRA incorrectly calculated the legal rent. Landlord said that between Sept. 1, 2003, and Aug. 31, 2005, tenant had a "deemed" lease renewal. The DHCR ruled against landlord. Landlord submitted no proof of the deemed lease renewal. A lease may be deemed renewed only when it is established that the lease was offered properly and tenant fails to renew in a timely manner. The fact that the tenant paid the deemed renewal rent increase, by itself, wasn't sufficient proof that there was a deemed lease. The DRA correctly ruled that, for the period in question, tenant was month-to-month, and no rent increase applied.

Albert: DHCR Adm. Rev. Docket No. VK110064RO (3/13/08)[4-pg. document]