No Delay Warranted of Timely Renewal Lease Commencement Date

Rent-stabilized tenant complained that landlord didn't send him a fully executed copy of a renewal lease offer that tenant had signed. Landlord claimed that he hadn't received a signed copy back from tenant after sending the renewal lease and attached a second set of leases for signature. Tenant signed the new copies of the renewal lease, claimed that the offer was untimely, and therefore argued that the renewal lease commencement date should be delayed. The DRA directed landlord to send tenant a fully executed copy of the renewal lease as offered.

Tenant appealed and lost. Tenant claimed that the effective date of the renewal lease should be the date when landlord signed and returned the fully executed copy. But tenant had shown that he signed a timely renewal offer and therefore the commencement date stated on the lease was the proper renewal term commencement date. 

Hossain: DHCR Adm. Rev. Docket No. HR110010RT (7/23/19) [2-pg. doc.]