No Renewal Increase Allowed While No Valid Renewal Lease in Effect

November 1, 2004

LVT Number: 17695

Tenant complained of a rent overcharge. The DRA ruled for tenant, and froze the rent for the period between 1999 and 2004, when no renewal lease was in effect. Landlord appealed, claiming that it had an agreement with tenant not to raise tenant's rent while the overcharge case was pending. Landlord maintained that the apartment was deregulated. The DHCR ruled against landlord. In a prior case, the DHCR ruled that tenant was subject to rent stabilization. Landlord was directed to offer tenant a renewal lease.

Tenant complained of a rent overcharge. The DRA ruled for tenant, and froze the rent for the period between 1999 and 2004, when no renewal lease was in effect. Landlord appealed, claiming that it had an agreement with tenant not to raise tenant's rent while the overcharge case was pending. Landlord maintained that the apartment was deregulated. The DHCR ruled against landlord. In a prior case, the DHCR ruled that tenant was subject to rent stabilization. Landlord was directed to offer tenant a renewal lease. Landlord should have offered tenant the renewal lease without prejudice to any further appeal. Since it didn't do so, there was no lease in effect, and tenant's rent was properly frozen for that period.

Woodcrest Mgmt. Corp./Markle: DHCR Adm. Rev. Dckt. Nos. SH410062RO & SG410106RT (9/29/04) [3-pg. doc.]

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