Landlord Offered Renewal Lease

Rent-stabilized tenant complained that landlord sent renewal lease offer late. The DRA ruled for tenant, finding that the renewal offer made on July 19, 2006, was untimely. The DRA ordered landlord to amend the renewal offer to reflect no rent increase until Nov. 1, 2006. Landlord appealed, claiming that it sent the renewal lease to tenant on March 13, 2006. Tenant refused to sign the renewal, so landlord sent tenant a revised renewal offer in June 2006. Tenant also refused to sign the revised renewal, so landlord deemed the renewal lease to start in July 2006. The DHCR ruled for landlord. Tenant admitted that landlord sent her the renewal lease offer on March 13, 2006. Tenant had refused to sign the renewal because the rent listed was much higher than her prior rent. Landlord said that the prior rent was a preferential rent, although tenant claimed that her prior leases never mentioned a preferential rent. Landlord could deem the renewal lease effective August 2006. The correct amount of the legal regulated rent would be determined in an overcharge proceeding.

Vyse Holding: DHCR Adm. Rev. Docket No. VD610004RO (11/2/07) [2-pg. doc.]