Landlord Improperly Deemed Renewal Lease

Rent-stabilized tenant complained that landlord offered an improper renewal lease because the commencement date was set less than 90 days after the lease was offered. The DRA closed the case when landlord showed that it corrected the lease's commencement date and sent tenant a copy of the corrected lease. Tenant appealed and won. Tenant pointed out that landlord made the corrected lease a deemed renewal. Tenant claimed this was improper. The DHCR agreed. The original lease wasn't a valid offer since it was made more than 90 days after the expiration date of tenant's prior lease. Landlord then sent tenant a renewal lease marked "deemed." This renewal lease was made effective June 29, 2010, although it was mailed to tenant on July 3, 2010. Under Rent Stabilization Code Section 2523.5(c)(2), landlord can deem a lease renewal only if it sends tenant a renewal offer and tenant fails to sign and return the lease within 60 days. Here, landlord improperly deemed a lease renewal before tenant even received it. Landlord must send tenant a proper renewal lease with a commencement date no less than 90 days from the date the renewal offer is sent.

Singh: DHCR Adm. Rev. Docket No. ZB110047RT (12/6/11) [2-pg. doc.]