Landlord Must Offer Rent-Stabilized Renewal Lease

July 12, 2013

LVT Number: #24910

Rent-stabilized tenant complained that landlord had failed to offer him a renewal lease. The DRA ruled for tenant and directed landlord to offer the renewal. Landlord appealed and lost. Landlord claimed that it shouldn't have to offer the renewal until the DHCR decided a pending rent overcharge complaint filed by tenant before his lease nonrenewal complaint. But nothing in the Rent Stabilization Code excused landlord from offering the renewal lease during the requisite window period while an overcharge complaint was pending.

Rent-stabilized tenant complained that landlord had failed to offer him a renewal lease. The DRA ruled for tenant and directed landlord to offer the renewal. Landlord appealed and lost. Landlord claimed that it shouldn't have to offer the renewal until the DHCR decided a pending rent overcharge complaint filed by tenant before his lease nonrenewal complaint. But nothing in the Rent Stabilization Code excused landlord from offering the renewal lease during the requisite window period while an overcharge complaint was pending. If the overcharge complaint resulted in an adjusted rent, landlord would merely have to issue an amended lease to tenant reflecting the new rent.

4321 Broadway Partners LLC: DHCR Adm. Rev. Docket No AW410008RO (5/24/13) [2-pg. doc.]

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