Tenant Didn't Prove Lease Renewal Offer Was Untimely

Rent-stabilized tenant filed a lease violation complaint in February 2021. Tenant said that he had received a renewal lease offer dated Oct. 3, 2020, even though his last lease expired on May 31, 2020. Tenant claimed the backdated lease offered by landlord was illegal. Tenant also pointed out that HPD had issued a Vacate Order for the building in November 2019 and, in a separate proceeding, the DHCR had reduced his monthly rent to $1 until a rent restoration order was issued. The DRA denied the complaint and advised tenant to sign the offered renewal lease and send it back to landlord to be fully executed. If warranted, tenant could separately file a rent overcharge complaint.

Tenant appealed and lost. Landlord answered that tenant had moved out and that the June 2020 lease renewal had been timely served in March 2020. The DHCR noted that tenant didn't point to any error of fact or law committed by the DRA and stated no reason why the DRA's order should be reversed.

Williams: DHCR Adm. Rev. Docket No. KM610008RT (3/29/22)[2-pg. document]