Landlord's Renewal Offer Was Valid

Tenant complained that landlord didn't renew her rent-stabilized lease. The DRA ruled against tenant and deemed a renewal lease for the prior two years. Tenant appealed. The DHCR ruled against tenant. The renewal lease offer in question was valid, since it stated the expiration date of the prior lease and tenant's option regarding the duration of the lease, either a one- or two-year period. The validity of the renewal offer wasn't contingent on the request in the lease for continued payment of an additional 2.2 percent increase under the 421-a tax benefit program, which tenant claimed was no longer applicable. This issue was resolved in a rent overcharge proceeding. And tenant had signed the lease renewal offer and selected a two-year term.

Mill Rock Plaza Assoc.: DHCR Admin. Rev. Dckt. No. EC410268RT (4/12/96) [2-page document]