Nonrenewal Notice Sent Too Late

Facts: On Jan. 23, 1992, landlord sent rent-stabilized tenant a notice that his lease wouldn't be renewed because landlord wanted the apartment for his own primary residence. Tenant complained to the DHCR that landlord hadn't offered him a renewal lease. Landlord's nonrenewal notice stated that tenant's lease expired on May 31, 1992, when---in fact---it expired on May 1, 1992. But since no one caught the error, the DRA ruled for landlord and found that he'd served tenant with the nonrenewal notice within the required 120-day period. Tenant then asked the DHCR to reconsider its ruling, arguing that it was based on a mistake in a vital matter. Tenant claimed that landlord had sent the nonrenewal notice too late, since tenant's lease had ended May 1, 1992. The DHCR reconsidered the DRA's order because of the mistake. Upon reconsideration, it found that landlord didn't serve the nonrenewal lease on time, and that tenant was entitled to a renewal lease. Landlord appealed, arguing that the DHCR couldn't reconsider its prior ruling. Court: Tenant wins. Landlord had served the nonrenewal notice too late. Landlord was responsible for the error in the dates, even though he may not have intentionally misled tenant. So, the DHCR properly reconsidered the DRA's decision.

Matter of Popik: NYLJ, p. 21, col. 5 (10/12/94) (Supreme Ct. NY; Wright, J)