Landlord Can't Backdate Lease

Tenant complained that landlord didn't offer him a renewal lease on time. Tenant had refused to sign landlord's untimely renewal lease offer because landlord backdated the effective date of the renewal lease. The DRA ruled against tenant. Tenant appealed and won. The renewal lease term should start on Jan. 1, 1998, the first rent payment date 120 days after landlord sent tenant the renewal notice, and the rent increase should be 4 percent over the prior rent under the applicable Rent Guidelines. Since landlord didn't offer the renewal lease until August 1997, he couldn't backdate it to start on July 1, 1997. The DHCR deemed a two-year renewal to start at the appropriate date.

Cruz: DHCR Admin. Rev. Dckt. No. OD110090RT (4/3/02) [3-pg. doc.]