Late Renewal Lease Can't Start Until 90 Days After Offered

Rent-stabilized tenant complained of an improper lease renewal. Her last lease had expired on Oct. 30, 2004. More than a year later, landlord offered her a renewal backdated to start on Oct. 31, 2004. Tenant also complained that landlord sought a security deposit, even though she had paid one to prior landlord. The DRA ruled for tenant and ordered landlord to send tenant an amended renewal lease offer for a term that started 90 days after the Dec. 7, 2005, lease offer date. Tenant appealed, claiming that the starting date ordered by the DRA was incorrect and there had been no ruling on the security deposit. The DHCR ruled for tenant. Landlord didn't offer tenant a proper renewal lease until Sept. 14, 2006. So the renewal lease should start on Jan. 1, 2007. Tenant's new rent was $494, and tenant proved she paid prior landlord a $950 security deposit in 1991. So tenant owed no security deposit to new landlord.

Mondesir: DHCR Adm. Rev. Docket No. VA210004RT (4/3/07) [5-pg. doc.]