Landlord Offered Untimely, Improper Renewal Lease

Tenant complained that landlord offered an improper renewal lease. Landlord sent tenant a renewal lease with a commencement date of Aug. 1, 2005. But tenant said that he didn't receive the renewal lease offer until sometime in 2006. The DRA ruled for tenant and directed landlord to offer tenant an amended renewal lease with a commencement date of July 1, 2006, at the rate allowed under Rent Guidelines Board Order (RGBO) No. 37. Landlord appealed, claiming that tenant had been offered a timely renewal lease in 2005 and that tenant had agreed, in any event, to the Aug. 1, 2005, renewal commencement date. The DHCR ruled against landlord. There was insufficient proof that landlord had offered tenant the renewal lease in 2005. And tenant's signature on the renewal lease didn't prove that tenant had agreed to the retroactive commencement date. The renewal lease improperly based tenant's new rent on the rate allowed under RGBO No. 36, which was a higher rate in effect on Aug. 1, 2005. The DRA correctly ruled that the renewal rent should have been based on the lower rates in effect under RGBO No. 37. The renewal lease tenant signed was void based on landlord's failure to comply with renewal lease procedures required under the Rent Stabilization Code.

Friedman: DHCR Adm. Rev. Docket No. VF410039RO (10/25/07) [3-pg. doc.]