Landlord Never Sent Renewal Leases to Tenant

Tenant complained of a rent overcharge. She claimed that landlord charged her annual renewal increases without sending her a renewal lease. Landlord claimed that it collected deemed renewal increases. The DRA found no overcharge and dismissed tenant's complaint. Tenant appealed, arguing that landlord couldn't collect renewal increases without giving her renewal leases. The DHCR ruled for tenant. Landlord claimed that it properly deemed annual lease renewals while tenant was under Section 8 program. But landlord was required to offer ten- ant renewal leases. Landlord simply prepared renewal lease forms, stamped them as deemed leases, and put them in tenant's file. Landlord must refund renewal increases collected over the base rent collected four years before tenant filed her overcharge complaint.

Dorsey: DHCR Adm. Rev. Dckt. No. RD610072RT (9/20/04) [4-pg. doc.]