DHCR Deems Renewal Lease

LVT Number: #26052

Tenant complained that landlord failed to offer her a rent-stabilized renewal lease. The DRA ruled against tenant, finding that landlord offered the renewal but tenant failed to sign and return it. The DRA therefore deemed a one-year renewal lease commencing Nov. 1, 2012. Tenant appealed and lost. Tenant claimed that she never received a copy of the 2012 renewal lease. But landlord had submitted to the DRA a business record showing that the renewal lease was mailed from a U.S. Post Office on June 12, 2012.

Tenant complained that landlord failed to offer her a rent-stabilized renewal lease. The DRA ruled against tenant, finding that landlord offered the renewal but tenant failed to sign and return it. The DRA therefore deemed a one-year renewal lease commencing Nov. 1, 2012. Tenant appealed and lost. Tenant claimed that she never received a copy of the 2012 renewal lease. But landlord had submitted to the DRA a business record showing that the renewal lease was mailed from a U.S. Post Office on June 12, 2012. The renewal lease wasn't returned to landlord from the Post Office as undeliverable. Tenant also began paying the renewal rent increase in November 2012. The DRA properly deemed the lease renewal.

Peters: DHCR Adm. Rev. Docket No. CR210050RT (1/21/15) [2-pg. doc.]

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