Late-Offered Renewal Lease Must Start at Later Date

Landlord sued to evict rent-stabilized tenant, so that she could recover the apartment for use by a family member. Tenant claimed that landlord's 2011 lease nonrenewal offer was untimely and that, as a result, landlord's 2012 nonrenewal notice was untimely. The court ruled for tenant and dismissed the case. Landlord sent tenant her 2011 renewal lease less than 90 days before tenant's prior lease expired. Landlord argued that tenant waived her right to request that the 2011 renewal lease commence 90 days after landlord offered it to her because she executed the renewal lease dated Feb. 4, 2011. But tenant didn't waive her right to object to the untimely renewal under rent stabilization. So landlord's notice of nonrenewal dated Nov. 7, 2012, wasn't sent between 90 and 150 days before the date that the 2011 renewal lease should have expired. The notice was untimely and defective pursuant to Rent Stabilization Code Section 2524.2(c)(2).

Nugent-Miller v. King: Index No. 61834/2013, NYLJ No. 1202644392670 (Civ. Ct. Kings; 2/5/14; Birnbaum, J)