Tenant Can Commence Noncompliance Proceeding If Landlord Doesn't Follow Court Order

Rent-stabilized tenant filed a lease violation complaint with the DHCR, claiming that landlord failed to provide a fully executed copy of a renewal lease after tenant signed it. In response, landlord submitted a copy of the fully executed lease for the one-year term commencing Nov. 1, 2021, which was served on the tenant. The DRA ruled for tenant and directed landlord to send tenant a copy of the fully executed lease.

Tenant appealed and lost, claiming that landlord submitted fake records to the DRA. The DHCR noted that the only issue in the lease violation case was whether landlord offered a current renewal lease to tenant, which it did. There was no dispute that tenant executed that lease. Tenant hadn't proved that any documentation submitted by the landlord had been falsified. If landlord didn't send tenant a fully executed copy, as directed by the DRA, tenant can commence a noncompliance proceeding with the DHCR. The DRA cannot order landlord to provide rent invoices in resolution of a lease violation complaint.

Patino: DHCR Adm. Rev. Docket No. KT41030RT (12/21/22)[2-pg. document]