Landlord Must Offer Renewal Lease to Tenant

LVT Number: 14157

Rent-stabilized tenant complained that landlord didn't offer her a renewal lease. Landlord claimed that it sent tenant a nonrenewal notice based on landlord's need to recover the apartment for owner occupancy. The DRA ruled for tenant. Landlord appealed and lost. By law, landlord was required to send tenant a nonrenewal notice during the window period occurring between 150 and 120 days before tenant's lease expired. Landlord submitted no proof that it sent tenant the nonrenewal notice during the window period. So landlord must offer tenant a renewal lease.

Rent-stabilized tenant complained that landlord didn't offer her a renewal lease. Landlord claimed that it sent tenant a nonrenewal notice based on landlord's need to recover the apartment for owner occupancy. The DRA ruled for tenant. Landlord appealed and lost. By law, landlord was required to send tenant a nonrenewal notice during the window period occurring between 150 and 120 days before tenant's lease expired. Landlord submitted no proof that it sent tenant the nonrenewal notice during the window period. So landlord must offer tenant a renewal lease.

Balagot: DHCR Adm. Rev. Dckt. No. NE110085RO (4/7/00) [3-pg. doc.]

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