Landlord Must Use Lower Guideline Percentage in Effect at Time of Renewal

Tenant complained that landlord didn't renew his rent-stabilized lease. Tenant had received a renewal offer but claimed it wasn't made under the same terms and conditions as his prior lease. Landlord offered him the renewal lease in his name only, while tenant and his wife had both signed the prior lease. The DRA ruled for tenant and directed landlord to offer the renewal lease at the lawful guideline increases and on the same terms and conditions as the expiring lease. Landlord appealed. The DRA had used Guideline 19 percentages for increasing tenant's rent under the renewal. Landlord claimed he could get a larger percentage increase, under Guideline 18. The DHCR ruled against landlord. Since landlord had offered the proper renewal only in response to tenant's complaint and some time after the prior lease expired, tenant had the choice of when the properly offered renewal lease would begin. Since the proper lease offer was made during the period Guideline 19 was in effect, there was no error in requiring landlord to use the lower guideline increase in effect during this period.

Albert: DHCR Admin. Rev. Dckt. No. BK110134RO (4/3/96) [3-page document]