Lease Renewal Complaint Dismissed Since DRIE Issues Had Been Resolved

Rent-stabilized tenant filed a lease violation complaint. He claimed that landlord failed to offer a renewal lease on the same terms and conditions as his expiring lease. The DRA ruled against tenant because landlord had offered, and tenant had executed, a two-year renewal lease that reflected that tenant had a DRIE exemption and that his share of the monthly rent was $750.

Tenant appealed and lost. Tenant raised various objections to how the renewal lease was offered and said landlord didn't countersign the renewal until after tenant filed his complaint. In March 2020, landlord offered tenant the timely renewal lease in question, which commenced on Aug. 1, 2020. Tenant signed the lease on June 21, 2020, after having crossed out the claimed incorrect rent amounts. There was no proof that landlord back-dated the lease. Landlord sued to evict tenant before tenant filed this DHCR complaint, but the issue regarding the renewal lease had been resolved. Landlord acknowledged that the frozen DRIE rent payable by tenant was $750 per month.

Garcia: DHCR Adm. Rev. Docket No. JP410001RT (6/9/21)[2-pg. document]