Landlord Properly Deemed Renewal Lease

LVT Number: #24206

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that she requested a one-year renewal lease commencing Oct. 1, 2009, but that landlord instead charged her for a two-year renewal at a higher rate. Tenant admitted that she refused to sign the renewal lease. She claimed that this was because she disagreed with some additional charges and the amount of security deposit requested.

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that she requested a one-year renewal lease commencing Oct. 1, 2009, but that landlord instead charged her for a two-year renewal at a higher rate. Tenant admitted that she refused to sign the renewal lease. She claimed that this was because she disagreed with some additional charges and the amount of security deposit requested. Since tenant didn't sign the renewal lease, landlord was entitled to deem the renewal lease for two years because tenant's last prior renewal lease was for two years. There was no overcharge.

Perez: DHCR Adm Rev. Docket No. ZG610007RT (5/31/12) [2-pg. doc.]

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