Landlord Properly Deemed Renewal Lease

LVT Number: 16475

Tenant complained of a rent overcharge. The DRA ruled for tenant and found that tenant was entitled to a two year renewal lease starting on May 1, 2000 at a rent based on the legal regulated rent set in a prior overcharge case. Landlord appealed. The overcharge order stated that tenant had no renewal lease for eight months and that the rent was frozen during this period. Landlord had offered tenant renewal leases since her first lease expired and tenant refused to sign them. So landlord had deemed renewal leases for several two-year periods. The DHCR ruled for landlord.

Tenant complained of a rent overcharge. The DRA ruled for tenant and found that tenant was entitled to a two year renewal lease starting on May 1, 2000 at a rent based on the legal regulated rent set in a prior overcharge case. Landlord appealed. The overcharge order stated that tenant had no renewal lease for eight months and that the rent was frozen during this period. Landlord had offered tenant renewal leases since her first lease expired and tenant refused to sign them. So landlord had deemed renewal leases for several two-year periods. The DHCR ruled for landlord. Landlord was permitted to deem renewal leases under these circumstances. The rent overcharge finding was revoked.

Fieldbridge Assocs., LLC: DHCR Adm. Rev. Dckt. No. QK210045RO (3/21/03) [2-pg. doc.]

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