Landlord Must Renew Lease After Tenant Complies with Court Stipulation

Rent-stabilized tenant complained to the DHCR that landlord refused to renew her lease when her lease expired on Nov. 30, 2020. Landlord claimed that it had sent tenant a timely termination notice based on illegally subletting the apartment. It then started an eviction proceeding, which was settled by a court stipulation placing tenant on probation until January 2024. The DRA ruled against tenant, finding that she had moved out of the apartment and that her lease violation complaint therefore was void.

Tenant appealed and won. Tenant argued that: (1) she never vacated the apartment; (2) her belongings were there; (3) she paid rent; (4) she maintained utilities in her name; (5) she received mail at a friend's address; and (6) the court proceeding was resolved in her favor. She attached a copy of a one-year renewal lease she signed to begin on Sept. 1, 2022, but that landlord hadn't countersigned. In response, landlord claimed that tenant never sent back the signed renewal lease. The DHCR noted that the court stipulation called for landlord to offer tenant a renewal lease after Jan. 6, 2024, and there was no proof that tenant violated the court stipulation.

Benbaruk: DHCR Adm. Rev. Docket No. MQ410010RT (9/10/24)[2-pg. document]