Landlord Offered Renewal Lease Under Proper Rent Guidelines

Rent-stabilized tenant complained in 2023 that landlord failed to offer him a renewal lease. Landlord claimed that it had offered tenant timely renewal leases in September 2023 and March 2024. The DRA ruled for tenant and ordered landlord to offer another renewal lease subject to RGBO No. 53, to commence on the first rent payment date no less than 90 days later.

Landlord appealed and won. Landlord claimed that the complaining tenant had died but, since no death certificate was produced, the DHCR ruled on the merits. Landlord was correct that RGBO No. 53 was irrelevant to this case and the timely renewal lease offer, when made, was subject to RGBO No. 54. The second lease option offered to tenant was under RGBO No. 55. If the tenant was still alive, landlord was entitled to guideline rent increases as specified on the two renewal leases offered.

2132 Presidential Assets, LLC: DHCR Adm. Rev. Docket No. MR610005RK (9/24/24)[2-pg. document]