Landlord Offered No Timely Excuse for Failing to Offer Renewal Lease

Rent-stabilized tenant filed a lease violation complaint with the DHCR. He claimed that he moved into the Yonkers apartment in 2012 at a monthly rent of $520 without a written lease. His last lease was for two years between June 2016 and May 2018. After that, landlord refused to renew his lease. Landlord requested a number of extensions to answer the complaint, but never filed a response. The DRA ruled against landlord in 2021 based on landlord's default.

Landlord appealed and lost. For the first time, landlord said that he served a 90-day nonrenewal notice on tenant because he sought the apartment for owner occupancy. But the DHCR wouldn't consider arguments and evidence presented by landlord for the first time on appeal. Landlord provided no reasonable excuse for not answering notice of tenant's complaint from the DRA after eight months. And ETPA Section 2503.5(a) required landlord to offer tenant a renewal lease. 

Lara: DHCR Adm. Rev. Docket No. JV910014RO (2/1/22)[3-pg. document]