Landlord Can't Rescind First Renewal Offer

LVT Number: 17301

Tenant complained that landlord didn't offer her a proper renewal lease. The DRA ruled for tenant and found that landlord wasn't entitled to charge tenant the legal rent in the renewal lease. Instead, the DRA found that landlord must continue to charge tenant a preferential rent until tenant moves out. Landlord appealed and lost. The last renewal lease offer landlord sent tenant initially contained an option for the preferential rent. Landlord later took back that offer and sent tenant a second renewal offer at the legal regulated rent only. But tenant had already accepted the first offer.

Tenant complained that landlord didn't offer her a proper renewal lease. The DRA ruled for tenant and found that landlord wasn't entitled to charge tenant the legal rent in the renewal lease. Instead, the DRA found that landlord must continue to charge tenant a preferential rent until tenant moves out. Landlord appealed and lost. The last renewal lease offer landlord sent tenant initially contained an option for the preferential rent. Landlord later took back that offer and sent tenant a second renewal offer at the legal regulated rent only. But tenant had already accepted the first offer. So landlord couldn't rescind the first renewal offer.

Elgart: DHCR Adm. Rev. Dckt. No. QI210058RO (4/20/04) [2-pg. doc.]

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