New Code Section Applies to Renewal Offers Made Before Dec. 20, 2000

July 31, 2001

LVT Number: 15168

(Opinion letter submitted by Karen Schwartz-Sidrane of the Hewlett, N.Y., law firm of Pennisi Daniels Norelli, LLP, attorneys for the landlord.) Rent Stabilization Code Section 2523.5(c)(2) was amended on Dec. 20, 2000, to provide for a deemed lease renewal when tenant refuses to renew a rent-stabilized renewal lease but remains in the apartment. The deemed lease renewal starts on the first rent payment date at least 90 days after landlord makes the renewal offer. Landlord asked the DHCR if the new code section applied to renewal offers made before Dec. 20, 2000.

(Opinion letter submitted by Karen Schwartz-Sidrane of the Hewlett, N.Y., law firm of Pennisi Daniels Norelli, LLP, attorneys for the landlord.) Rent Stabilization Code Section 2523.5(c)(2) was amended on Dec. 20, 2000, to provide for a deemed lease renewal when tenant refuses to renew a rent-stabilized renewal lease but remains in the apartment. The deemed lease renewal starts on the first rent payment date at least 90 days after landlord makes the renewal offer. Landlord asked the DHCR if the new code section applied to renewal offers made before Dec. 20, 2000. In an opinion letter, the DHCR said yes. Before the code was amended, this had already been the DHCR's policy.

DHCR Opin. Ltr. by Charles Goldstein (7/18/01) [2-pg. doc.]

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