Landlord's Lease Renewal Offer Improperly Stated Base Rent

Rent-stabilized tenant complained that landlord failed to offer her a proper renewal lease on the same terms and conditions as her prior lease. Tenant had relocated from one apartment in landlord's building to another apartment in the next-door building under an agreement signed in housing court. There was a recurring sewage problem in tenant's original apartment, and landlord agreed that the rent in the new lease would be the same as the existing lease. Tenant claimed that her rent was $863 in the old apartment. Landlord gave her a vacancy lease for the new apartment, which stated that $863 was a preferential rent. Landlord later offered a renewal lease at $975 per month as a preferential rent. The DRA ruled against tenant and ordered her to sign the renewal lease offered.

Tenant appealed and won. Shortly after the DRA ruled on tenant's lease complaint, the DRA issued a separate order determining that tenant's legal regulated rent upon relocation was $863 and was not a preferential rent. Landlord didn't appeal that order. The new DRA order was consistent with the housing court stipulation signed by landlord and tenant. Landlord must offer tenant a new renewal lease by calculating one- and two-year Rent Guidelines Board increases over the legal $863 rent, and not refer to a preferential rent.

Carter: DHCR Adm. Rev. Docket No. CQ110044RT (3/5/15) [3-pg. doc.]