Landlord's Failure to Date His Signature on Lease Didn't Invalidate the Renewal

LVT Number: #33321

Rent-stabilized tenant filed a lease violation complaint with the DHCR, claiming that landlord failed to give her a fully executed copy of a renewal lease that she had signed. She claimed that she hand-delivered the signed renewal lease to landlord on April 24, 2022, and that landlord countersigned the lease but didn't date. Tenant argued that the failure to date the renewal lease affected the timeliness of her SCRIE benefits. Tenant also questioned whether she had to pay an increased security deposit even though her collectible rent was frozen under SCRIE.

Rent-stabilized tenant filed a lease violation complaint with the DHCR, claiming that landlord failed to give her a fully executed copy of a renewal lease that she had signed. She claimed that she hand-delivered the signed renewal lease to landlord on April 24, 2022, and that landlord countersigned the lease but didn't date. Tenant argued that the failure to date the renewal lease affected the timeliness of her SCRIE benefits. Tenant also questioned whether she had to pay an increased security deposit even though her collectible rent was frozen under SCRIE.

The DRA ruled for tenant, advised that the renewal lease was fully executed, and directed landlord to give tenant a fully executed copy or face denial of any rent guideline increase. Tenant appealed and lost. The DHCR found no errors in the DRA's decision. Landlord's failure to date the owner's signature on the renewal lease didn't invalidate the renewal lease and apparently hadn't affected tenant's SCRIE. 

Semorile: DHCR Adm. Rev. Docket No. KV410011RT (12/27/22)[3-pg. document]