Landlord Must Offer Complaining Tenant a Renewal Lease Unless He Had Moved Out

Rent-stabilized tenant filed a lease violation complaint with the DHCR. He claimed that landlord refused to provide a timely renewal lease offer. Landlord didn't answer the complaint. The DRA ruled for tenant and directed landlord to offer tenant a renewal lease. Landlord appealed and lost. He claimed that the complaining tenant had moved out of the apartment and that another tenant had signed the renewal lease that commenced on April 1 on April 17, 2023. But since landlord failed to answer the lease violation complaint filed by the tenant he claimed had moved out, the DRA's decision was correct. The DHCR may not consider new evidence that wasn't presented to the DRA. If the complaining tenant had in fact vacated the apartment, landlord isn't obligated to offer that tenant a renewal lease.

Vasvari: DHCR Adm. Rev. Docket No. MP210006RO (8/13/24)[2-pg. document]