Landlord Gave Proper Renewal Lease Offer

Rent-stabilized tenant complained that landlord offered her an improperly backdated renewal lease. The DRA dismissed tenant's complaint because landlord had sent tenant a renewal lease offer dated July 24, 2017, for a renewal term commencing on Nov. 1, 2017. Tenant appealed and lost. Rent Stabilization Code (RSC) Sections 2522.5(b)(1) and 2523 required landlord to offer a one- or two-year renewal lease no sooner than 150 days before tenant's current lease expires. RSC Section 2523.5(c) adds that, if a renewal lease is offered less than 90 days before the current lease expires, the commencement date of the next term must be at least 90 days after the renewal is offered. Landlord showed that it offered the renewal via certified mail at least 90 days before the Nov. 1, 2017, commencement date. So tenant should sign the renewal lease.

Vaag: DHCR Adm. Rev. Docket No. HQ410041RT (10/11/19) [2-pg. doc.]