Landlord Must Offer Renewal Lease to Rent-Stabilized Tenant

LVT Number: #31254

Rent-stabilized tenant filed a lease violation complaint in 2019, claiming that landlord never gave him a copy of his last lease and that landlord had offered no renewal since his lease expired on May 31, 2017. The DRA ruled for tenant. Noting that tenant had a fully executed copy of his last lease, the DRA directed landlord to offer tenant a renewal lease within 30 days. Landlord appealed and lost. The fact that tenant may owe back rent wasn't a basis to refuse to offer a renewal lease.

Rent-stabilized tenant filed a lease violation complaint in 2019, claiming that landlord never gave him a copy of his last lease and that landlord had offered no renewal since his lease expired on May 31, 2017. The DRA ruled for tenant. Noting that tenant had a fully executed copy of his last lease, the DRA directed landlord to offer tenant a renewal lease within 30 days. Landlord appealed and lost. The fact that tenant may owe back rent wasn't a basis to refuse to offer a renewal lease. The fact that landlord may in the future seek eviction in court or file an application with the DHCR to refuse to offer a lease doesn't delay landlord's obligation to offer the renewal lease. Since no such applications were pending when the DRA issued its decision, the DRA wasn't required to hold the proceeding in abeyance. 

Gutowski: DHCR Adm. Rev. Docket No. IV110016RO (12/15/20) [2-pg. doc.]

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