Certificate of Mailing Proves Renewal Lease Offered On Time

Tenant complained that landlord didn't send her a renewal lease offer until three weeks before her then current lease ended. Tenant claimed that the renewal offer was backdated to Sept. 11, 2002, for a renewal lease starting on Feb. 1, 2003. Landlord claimed that it had sent a timely renewal offer to tenant, but tenant never responded. Landlord then sent tenant a second renewal offer. The DRA ruled against tenant and dismissed her complaint. Tenant appealed and lost. Tenant claimed that she never received landlord's renewal lease offer in Sept. 2002. But landlord submitted a copy of a certificate of mailing postmarked Sept. 18, 2002, that was marked ''lease renewal.'' Tenant's name also was written on the certificate of mailing. Tenant should sign the renewal lease that is effective Feb. 1, 2003. If she refused, landlord could bring an eviction for failure to renew a rent-stabilized lease.

Governali: DHCR Adm. Rev. Dckt. No. RF610013RT (2/8/04) [3-pg. doc.]