Landlord Offered Renewal Lease While Case Pending
LVT Number: 15524
Tenant complained of a lease violation because he didn't get a copy of the fully signed renewal lease. The DRA ruled against tenant. Tenant appealed, arguing that landlord should be penalized because tenant got the fully signed copy of his renewal lease 12 days after the 30-day period for getting it. The DHCR ruled against tenant. Rent Stabilization Code Section 2522.5(b)(2) provides that if tenant doesn't get a fully signed renewal lease within 30 days after landlord gets the signed renewal from tenant, the DHCR shall order landlord to do so. If landlord doesn't comply within 20 days of the DHCR order, rent increases are denied until the lease is sent to tenant. In this case, landlord sent the fully signed renewal lease to tenant while the tenant's complaint was pending before the DRA. So the DRA never had to order landlord to do so, and no penalties were warranted.
Sylver: DHCR Admin. Rev. Dckt. No. PD410060RT (11/7/01) [2-pg. doc.]