Renewal Lease Starts 90 Days After Landlord's Offer

Rent-stabilized tenant complained that landlord made an untimely renewal lease offer. She also claimed a rent overcharge. The DRA ruled for tenant, and directed landlord to amend its renewal lease offer to reflect a one- or two-year lease term, at tenant's option, to commence on June 1, 2007. Tenant appealed, claiming that since landlord's last renewal offer was improper, landlord should have been ordered to send tenant a proper renewal offer with the lease commencing at least 90 days from that point. The DHCR ruled against tenant. The record showed that landlord personally delivered a renewal lease offer to tenant's apartment on March 1, 2007, which listed May 1, 2007, as the commencement date of the next renewal. Tenant advised landlord of its error and didn't sign the renewal offer. The DRA correctly deemed tenant's renewal lease to begin on June 1, 2007. However, instead of making landlord offer a one- or two-year renewal, the DHCR modified the DRA's decision so that tenant's 2007 renewal lease was deemed in effect for one year. This was the same term as tenant's previous lease.

Vahey: DHCR Adm. Rev. Docket No. WE610018RT (8/21/08) [3-pg. doc.]