Westchester Landlord Must Offer Signed Renewal Lease

LVT Number: #23863

Westchester rent-stabilized tenant complained of improper lease renewal because landlord didn't sign the renewal lease before sending the renewal offer to tenant. The DRA ruled for tenant, finding the renewal lease null and void. Landlord was ordered to issue a new renewal lease form, ETPA RTP8, to tenant within 30 days that was properly filled out. Landlord appealed and lost. Landlord claimed that its failure to sign the lease before sending it to tenant wasn't a substantive problem.

Westchester rent-stabilized tenant complained of improper lease renewal because landlord didn't sign the renewal lease before sending the renewal offer to tenant. The DRA ruled for tenant, finding the renewal lease null and void. Landlord was ordered to issue a new renewal lease form, ETPA RTP8, to tenant within 30 days that was properly filled out. Landlord appealed and lost. Landlord claimed that its failure to sign the lease before sending it to tenant wasn't a substantive problem. But Tenant Protection Regulations Section 2503.5 specifies that a renewal lease offer must be signed and dated by landlord before sending it to tenant. Landlord failed to comply with the explicit requirements for lease renewal procedures outside New York City.

Bologna: DHCR Adm. Rev. Docket No. YI910001RO (12/1/11) [3-pg. doc.]

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