Landlord Needn't Offer Lease Until Tenant Pays Rent Due

December 1, 1993

LVT Number: 8382

(Decision submitted by Timmie E. Elsner of the Manhattan law firm of Stephen H. Penn & Associates, attorneys for the landlord.) Rent-stabilized tenant complained that landlord didn't offer her a renewal lease. Landlord claimed that tenant had been withholding rent based upon her claim of lack of services in the building. The DRA found that under the Rent Stabilization Code, landlord wasn't required to offer tenant a renewal lease because tenant didn't pay rent. Tenant could get a lease renewal only after she paid all past-due rent.

(Decision submitted by Timmie E. Elsner of the Manhattan law firm of Stephen H. Penn & Associates, attorneys for the landlord.) Rent-stabilized tenant complained that landlord didn't offer her a renewal lease. Landlord claimed that tenant had been withholding rent based upon her claim of lack of services in the building. The DRA found that under the Rent Stabilization Code, landlord wasn't required to offer tenant a renewal lease because tenant didn't pay rent. Tenant could get a lease renewal only after she paid all past-due rent. The DRA ordered landlord to offer tenant a renewal lease on the condition that she pay all rent past-due rent.

Shangold v. Kranis: DRA Dckt. No. ZEF-410043-RV (10/13/93) [2-page document]

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