Landlord Didn't Send Offer by Certified Mail

LVT Number: 18538

Tenant complained that landlord didn't renew her rent-stabilized lease. Her last lease expired on March 31, 2000. Landlord claimed that it sent tenant a renewal lease offer on Dec. 5, 2001, and submitted proof of regular mail with a certificate of mailing. Landlord claimed that tenant never sent back the renewal lease. The DRA ruled for tenant. Landlord appealed and lost. Tenant Protection Regulations section 2503.5(a) requires landlord to send the renewal lease offer by certified mail.

Tenant complained that landlord didn't renew her rent-stabilized lease. Her last lease expired on March 31, 2000. Landlord claimed that it sent tenant a renewal lease offer on Dec. 5, 2001, and submitted proof of regular mail with a certificate of mailing. Landlord claimed that tenant never sent back the renewal lease. The DRA ruled for tenant. Landlord appealed and lost. Tenant Protection Regulations section 2503.5(a) requires landlord to send the renewal lease offer by certified mail. Since landlord didn't do so, the DRA properly ruled that there was insufficient proof that landlord sent the renewal notice.

Kings Point Gate Assocs., LLC: DHCR Adm. Rev. Dckt. No. SL710032RO (10/26/05) [3-pg. doc.]

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