Tenant Entitled to Vacancy Lease After Landlord Accepts Rent

Tenant complained that landlord didn't offer her a rent-stabilized renewal lease. Tenant was prior tenant's roommate, and had requested a renewal lease in her own name when prior tenant moved out. Landlord didn't give tenant a lease but accepted rent from her. Landlord claimed that it had sent a renewal lease to prior tenant and when prior tenant didn't respond, deemed a renewal lease. The DRA ruled for tenant in part. The DRA found that tenant wasn't entitled to a renewal lease, but she was entitled to a vacancy lease. Landlord had been accepting rent from tenant for several years. The DRA ordered landlord to issue a lease to tenant. Tenant appealed. She claimed that landlord didn't offer her a proper vacancy lease as directed by the DRA. The DHCR dismissed tenant's PAR because the DHCR didn't dispute any portion of the DRA's order. However, the DHCR noted that landlord's vacancy lease offer was improper. Landlord sent tenant a vacancy lease offer at a rent that was higher than what was initially collected from tenant. Landlord didn't appeal the DRA's order. As directed by the DRA, landlord must offer tenant a vacancy lease at the amount of rent landlord collected from tenant since 2005.

Carrasco: DHCR Adm. Rev. Docket No. UG610024RT (8/23/06) [3-pg. doc.]