Landlord Properly Increased Tenant's Rent

LVT Number: #20367

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, claiming that she hadn't signed a renewal lease since 2002. Therefore, landlord wasn't entitled to any rent increase. The DHCR ruled against tenant. Landlord showed that in 2004 and in 2006, it sent tenant timely renewal lease offers. Landlord submitted proof of mailing the renewal leases and collected legal rent increases from tenant based on the two-year renewal increases set forth in the renewal leases.

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, claiming that she hadn't signed a renewal lease since 2002. Therefore, landlord wasn't entitled to any rent increase. The DHCR ruled against tenant. Landlord showed that in 2004 and in 2006, it sent tenant timely renewal lease offers. Landlord submitted proof of mailing the renewal leases and collected legal rent increases from tenant based on the two-year renewal increases set forth in the renewal leases. Landlord also correctly deemed the renewal leases to be in effect for two years as tenant had always selected two-year renewals in the past.

White: DHCR Adm. Rev. Docket No. VF410025RT (2/1/08) [3-pg. doc.]

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