No Overcharge Based on Deemed Lease

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled against tenant, who appealed and lost. The DRA correctly deemed a renewal lease dated April 21, 2009, for a one-year term at a monthly rent of $935. Tenant later remained in occupancy as a month-to-moth tenant from July 1, 2010, to May 5, 2011, without a written lease. The DRA directed landlord to offer tenant a renewal lease for a one- or two-year term, at tenant's option.  On appeal, tenant claimed that she never received the one-year renewal leases for the periods starting July 1, 2009, or July 1, 2010. But landlord had submitted to the DRA proof of mailing to tenant of these two renewal leases. Tenant could file a new complaint if landlord failed to send the subsequent renewal lease ordered by the DRA.

Pultinas: DHCR Adm. Rev. Docket No. ZF410018RT (8/14/13) [2-pg. doc.]