Landlord Must Send Amended Renewal Lease

January 15, 2014

LVT Number: #25298

Rent-stabilized tenant complained that landlord failed to offer him an amended two-year renewal leases for the periods starting on Oct. 1, 2009, and Oct. 1, 2011, required to conform with a prior DHCR order correcting the legal rent listed in the 2009 renewal lease.  The DRA ruled for tenant. Landlord appealed and won, in part. Although tenant claimed that he never received the 2011 renewal offer, landlord claimed that it sent tenant a renewal lease to commence on Oct. 1, 2011, and submitted proof of mailing. Since landlord sent tenant a renewal lease, it was effective as of Oct.

Rent-stabilized tenant complained that landlord failed to offer him an amended two-year renewal leases for the periods starting on Oct. 1, 2009, and Oct. 1, 2011, required to conform with a prior DHCR order correcting the legal rent listed in the 2009 renewal lease.  The DRA ruled for tenant. Landlord appealed and won, in part. Although tenant claimed that he never received the 2011 renewal offer, landlord claimed that it sent tenant a renewal lease to commence on Oct. 1, 2011, and submitted proof of mailing. Since landlord sent tenant a renewal lease, it was effective as of Oct. 1, 2011. But landlord must send tenant an amended renewal lease listing the correct, lower rent amounts, within 30 days. 

Rosenfeld: DHCR Adm. Rev. Docket No. BN210035RO (11/7/13) [2-pg. doc.]

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