Renewal Lease Offer Improperly Delivered

July 31, 2007

LVT Number: #19804

Tenant complained of an improper lease renewal. The DRA ruled for tenant and ordered landlord to issue a renewal lease to tenant. Landlord appealed, arguing that it did send the lease renewal offer to tenant during the window period before the lease expiration. The DHCR ruled against landlord. Landlord sent the lease renewal offer only by regular mail, with certificate of mailing. Even though tenant received the renewal lease, the Tenant Protection Regulations required landlord to deliver the renewal lease offer by certified mail.

Tenant complained of an improper lease renewal. The DRA ruled for tenant and ordered landlord to issue a renewal lease to tenant. Landlord appealed, arguing that it did send the lease renewal offer to tenant during the window period before the lease expiration. The DHCR ruled against landlord. Landlord sent the lease renewal offer only by regular mail, with certificate of mailing. Even though tenant received the renewal lease, the Tenant Protection Regulations required landlord to deliver the renewal lease offer by certified mail. Since landlord failed to do so, the renewal offer wasn't valid.

Ashlar, Inc.: DHCR Adm. Rev.Docket No. UI710002RO (4/19/07) [3-pg. doc.]

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