No Renewal Lease Increase Permitted

LVT Number: #28420

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,575, including triple damages. Landlord appealed and lost. Although landlord claimed that it had given tenant renewal leases after the base rent date, these renewals were null and void because they didn't contain dates or legible rent amounts. The DRA therefore properly froze tenant's rent at the base date rent. There was no basis to "deem" the renewal lease since there was no proof that landlord sent tenant a valid renewal lease offer. 

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,575, including triple damages. Landlord appealed and lost. Although landlord claimed that it had given tenant renewal leases after the base rent date, these renewals were null and void because they didn't contain dates or legible rent amounts. The DRA therefore properly froze tenant's rent at the base date rent. There was no basis to "deem" the renewal lease since there was no proof that landlord sent tenant a valid renewal lease offer. 

Chernov: DHCR Adm. Rev. Docket No. FS210014RT (3/23/18) [3-pg. doc.]

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