Landlord Didn't Prove It Hand-Delivered Renewal Notice to Tenant

Tenant complained that landlord hadn't properly offered her a rent-stabilized renewal lease. The DRA ruled against tenant, and tenant appealed. Tenant's prior renewal lease expired on Jan. 31, 2002. Tenant claimed landlord sent tenant an illegally backdated lease renewal offer on April 15, 2002, and added tenant's husband's name even though he wasn't on prior leases. Landlord continued to bill tenant at the old rent through July 2002. Landlord claimed that it hand-delivered the renewal offer to tenant in September 2001, that tenant held on to it until April 2002, then returned it unsigned and asked landlord to delete her husband's name. Landlord claimed that it immediately made the change and that tenant didn't return the signed, corrected renewal lease until July 2002. The DHCR ruled for tenant. Landlord's failure to charge tenant a renewal increase until August 2002 was consistent with tenant's explanation of what happened. Landlord also submitted no tenant acknowledgment signature, affidavit of service, or other proof that it delivered the renewal lease in September 2001.

Pazmino: DHCR Adm. Rev. Dckt. No. RC410029RT (9/26/03) [3-pg. doc.]