Landlord Must Send Tenant Rent Stabilization Lease Rider

Rent-stabilized tenant complained on Feb. 3, 2014, that landlord didn't send him a renewal lease or rent stabilization rider. Landlord answered that it sent tenant a renewal lease on Feb. 28, 2014, with a commencement date of June 1, 2014.  Tenant replied, claiming that he sent the signed renewal lease back to landlord by certified mail on April 16, 2014. The DRA ruled that landlord hadn't sent tenant a rent-stabilized lease rider and directed landlord to do so. The DRA also directed landlord to send tenant a fully executed copy of the renewal lease within 20 days.

Landlord appealed and lost. Landlord claimed that it never received the signed renewal lease from tenant and therefore couldn't send tenant a fully executed copy. Landlord stated that once it received the signed renewal it would send a fully executed copy to tenant with the lease rider. Landlord didn't advise the DRA that it hadn't received tenant's signed renewal lease. So it couldn't raise this issue on appeal. And tenant was entitled to a lease rider whether or not he returned a signed renewal lease. Landlord could still raise tenant's failure to return the renewal lease as a defense to any enforcement proceeding or any new complaint filed by tenant.

Carter Hooks Management Corp.: DHCR Adm. Rev. Docket No. CS210016RO (1/21/15) [2-pg. doc.]