Landlord Must Offer Renewal Lease

LVT Number: #22446

Rent-stabilized tenant complained that landlord refused to offer him a renewal lease. The DRA ruled for tenant and directed landlord to offer a renewal. Landlord appealed and lost. Landlord claimed that there was a rent reduction order in effect. This order barred any rent increase until the rent was restored. Therefore, lease renewal was preempted. But the rent reduction order only barred landlord from collecting any rent increase from tenant until a rent restoration order was issued. It didn’t affect tenant’s right to a renewal lease.

Rent-stabilized tenant complained that landlord refused to offer him a renewal lease. The DRA ruled for tenant and directed landlord to offer a renewal. Landlord appealed and lost. Landlord claimed that there was a rent reduction order in effect. This order barred any rent increase until the rent was restored. Therefore, lease renewal was preempted. But the rent reduction order only barred landlord from collecting any rent increase from tenant until a rent restoration order was issued. It didn’t affect tenant’s right to a renewal lease. There was no reason for landlord to delay sending the renewal lease offer.

Fields: DHCR Adm. Rev. Docket No. XG410020RO (10/19/10) [2-pg. doc.]

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