Landlord Offered Untimely Renewal Lease

Rent-stabilized tenant complained that landlord failed to offer a timely renewal lease in 2005. The DHCR ruled for tenant and ordered landlord to offer an amended renewal lease commencing July 1, 2006, and based on the 2006 rent guidelines. Landlord appealed, claiming that the DHCR's decision was unreasonable. Landlord claimed that prior landlord offered tenant a timely renewal lease and that, in any event, tenant signed the renewal and thereby agreed to the 2005 commencement date. The court and appeals court ruled against landlord. The DHCR based its decision on the credibility of tenant and prior landlord. Landlord failed to prove to the agency that prior landlord offered a timely renewal to tenant in 2005, or that tenant had made a conscious decision to agree to a retroactive renewal commencement date. Since prior landlord didn't offer the renewal lease until April 1, 2006, the DHCR correctly set the renewal term commencement date as July 1, 2006.

Friedman v. DHCR: NYLJ, 3/26/09, p. 32, col. 1 (App. Div. 1 Dept.; Saxe, JP, Friedman, Sweeny, Renwick, Freedman, JJ)