Tenant Gets One-Year Renewal Lease Based on Landlord's Untimely Notice

Rent-stabilized tenant complained that landlord didn't renew her lease. The DRA ruled against tenant. Landlord had filed a demolition application with the DHCR. While that application was pending, landlord didn't have to renew tenant's lease. Tenant appealed, claiming that landlord had filed its application proposing demolition of tenant's building on Feb. 24, 2006. So the window period for offering tenant a renewal lease or sending a nonrenewal notice ended on Jan. 30, 2006. Since this date occurred before the date landlord filed its demolition application, tenant argued that she was entitled to a renewal lease. The DHCR ruled for tenant in part. Tenant was incorrect about the filing date of landlord's application. The demolition application was filed in Nov. 2005, before the lease renewal window period. However, under DHCR Operational Bulletin 2002-1, landlord was required to send tenant a termination notice during the lease renewal window period. Landlord sent tenant the termination notice 23 days after the window period ended. So tenant was entitled to remain in the apartment with no rent increase under a one-year deemed lease that started on May 1, 2006. As an alternative, landlord could elect to pay, for the period beginning after the prior lease's expiration and during which tenant remained in occupancy, a stipend up to one year or up to the vacate date, whichever occurred first.

Newallo: DHCR Adm. Rev. Docket No. UL410002RT (4/3/07) [2-pg. doc.]