Landlord Proved It Offered Timely Renewal Lease to Rent-Stabilized Tenant

Rent-stabilized tenant complained that landlord didn't offer him a timely renewal lease and that his name was misspelled on the renewal lease that was offered late. The DRA ruled against tenant after landlord submitted proof of certified mailing of the renewal lease dated June 25, 2019, and proof of mailing of a second copy on Sept. 23, 2019. The DRA directed tenant to sign the renewal lease and return it to landlord to be fully executed.

Tenant appealed and lost. Tenant claimed that he didn't receive the renewal lease until September 2019, even though it was supposed to commence on Oct. 1, 2019. The DHCR denied tenant's PAR. Landlord showed that it offered a timely renewal lease between 150 and 90 days before tenant's existing renewal lease expired, in accordance with Rent Stabilization Code Section 2523.5. The offered renewal lease also spelled tenant's name correctly. Tenant's denial that he received the June 25 mailing was insufficient grounds to overturn the DRA's finding that a timely renewal lease was offered.

Homs: DHCR Adm. Rev. Docket No. JX210036RT (3/8/22)[2-pg. document]