No Deemed Renewal if Landlord Didn't Make Renewal Offer on Time

Tenant filed a lease renewal complaint. The DRA ruled for tenant, finding that tenant was in occupancy from Jan. 1, 1999, to Dec. 31, 1999, without a renewal lease. So the two-year renewal lease, starting Jan. 1, 2000, had to be amended to reflect a base rent of $607, which was the rent under tenant's prior written renewal lease. Landlord appealed, arguing that the DRA should have deemed a one-year lease for 1999, since landlord claimed that it had offered a renewal lease to tenant on time, but tenant hadn't responded to that offer. The DRA ruled against landlord. It found that landlord's lease renewal offer wasn't made on time, so landlord couldn't claim that there was a deemed lease.

2085 Lexington Ave. Corp.: DHCR Adm. Rev. Dckt. No. PE410049RO (10/12/01) [3-pg. doc.]