Renewal Lease Claim Settled by Prior Court Stipulation

Tenant complained that landlord improperly renewed his rent-stabilized lease. Tenant claimed that the two-year term should start on Sept. 1, 2007, not Nov. 1, 2006. The DRA ruled for tenant. Landlord appealed, arguing that in a prior housing court case, landlord and tenant agreed that tenant's renewal lease would start on Nov. 1, 2006, and tenant agreed to withdraw his DHCR complaint. Tenant didn't oppose landlord's PAR. The DHCR ruled for landlord. In the court stipulation, tenant agreed to the Nov. 1, 2006, renewal term commencement date. This is the date that tenant's renewal lease would have begun if it was offered in a timely manner. Tenant had the option to agree to this under the Rent Stabilization Code. Since he did so in the court stipulation, there was no reason for the DHCR to rule differently.

First Lennox Terrace Associates: DHCR Adm. Rev. Docket No. VJ410085RO (3/20/08) [3-pg. doc.]