Tenant Wrongfully Refuses to Sign

Landlord asked the DHCR whether it could charge tenant appropriate guidelines increases for a deemed one-year lease when tenant wrongfully refused to enter into a renewal lease. In an opinion letter, the DHCR stated that if tenant filed an overcharge complaint in such a case, the DHCR would apply a deemed lease. The DHCR noted that if tenant requested that a deemed lease be converted into a written lease, landlord must furnish tenant with such lease. In the DHCR's opinion, if landlord collected a deemed lease increase, landlord also gave up the right to evict tenant for refusal to renew the lease.

DHCR Opin. Ltr. by Nathaniel Geller (12/20/94) [2-page document]