No Rent Hikes Allowed During Years No Renewal Leases Offered

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered a refund of $2,600. The base date rent in December 2002 was $1,472 based on a prior rent overcharge order. In addition, tenant's rent was frozen from 2003 to 2007 due to a 2003 rent reduction order. Since landlord didn't offer tenant any renewal leases between 2004 and 2007, no rent increase was allowed for those years. But landlord did offer tenant renewal leases in 2007 and 2008, so one-year renewal leases were deemed in effect for these periods. Landlord and tenant both appealed. Tenants claimed that the DRA incorrectly calculated their rent reduction. Landlord claimed that a hearing should have been held to determine whether landlord sent renewal lease offers to tenant in 2003, 2004, and 2005.
The DHCR ruled against both sides. The DRA correctly ruled that it would not reconsider rents and overcharges before Nov. 1, 2003, because these were covered by the prior rent overcharge order. And landlord correctly deemed leases to be in effect for 2007 and 2008. Tenants admitted receiving the renewal offers for those years but didn't sign them. But there was no evidence that landlord sent tenant any renewal offer before 2007 or sent any rent bills during that time showing an increase in rent. So the DRA correctly denied any rent increase for 2003, 2004, and 2005.

M&E Rubin, LLC/Eisner: DHCR Adm. Rev. Docket Nos. WD110016RT, WD110019RO (8/21/08) [3-pg. doc.]