Tenant Claims Landlord Never Sent Fully Signed Renewal Lease

January 1, 1997

LVT Number: 11156

Tenant complained of a rent overcharge. The DRA ruled against tenant and dismissed the complaint. Tenant appealed, claiming that he received no renewal lease in 1980 and that his 1983 renewal lease amount was therefore incorrect. The DHCR ruled against tenant. Correspondence between landlord and tenant showed that tenant didn't accept landlord's proper 1980 renewal lease offer. So landlord didn't have to send tenant a renewal lease. The DHCR calculated the legal rent as if there had been a lease for the three-year period between 1980 and 1983.

Tenant complained of a rent overcharge. The DRA ruled against tenant and dismissed the complaint. Tenant appealed, claiming that he received no renewal lease in 1980 and that his 1983 renewal lease amount was therefore incorrect. The DHCR ruled against tenant. Correspondence between landlord and tenant showed that tenant didn't accept landlord's proper 1980 renewal lease offer. So landlord didn't have to send tenant a renewal lease. The DHCR calculated the legal rent as if there had been a lease for the three-year period between 1980 and 1983.

McMahon: DHCR Adm. Rev. Dckt. No. CD410105RT (8/26/96) [3-page document]

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