No Deemed Lease, Since Landlord Didn't Make Renewal Offer

January 1, 2002

LVT Number: 15530

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, arguing that there should be deemed lease renewals covering a four-year period and that this would greatly reduce the amount of any rent overcharge. The DHCR ruled against landlord. Deemed leases are permitted under the Rent Stabilization Code when a tenant doesn't sign an offered renewal lease. In this case, there was no proof that landlord offered tenant renewal leases during the period in question. So there would be no deemed lease.

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, arguing that there should be deemed lease renewals covering a four-year period and that this would greatly reduce the amount of any rent overcharge. The DHCR ruled against landlord. Deemed leases are permitted under the Rent Stabilization Code when a tenant doesn't sign an offered renewal lease. In this case, there was no proof that landlord offered tenant renewal leases during the period in question. So there would be no deemed lease.

Cruz/EB Mgmt., Inc.: DHCR Admin. Rev. Dckt. Nos. OD110089RT and OE110048RO (11/16/01) [3-pg. doc.]

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