Landlord Properly Sent Renewal Lease Offer by Certified Mail

LVT Number: #24667

Rent-stabilized tenant complained that landlord failed to send her a renewal lease. The DRA ruled against tenant, finding that landlord had offered tenant a timely renewal lease. Tenant appealed and lost. Rent Stabilization Code Section 2527.9 provides that when a landlord sends a renewal lease offer to tenant by registered or certified mail, the stamped post office receipt is sufficient proof of service. The burden of proving non-receipt then shifts to tenant. Here, landlord showed that it sent the renewal lease to tenant by certified mail.

Rent-stabilized tenant complained that landlord failed to send her a renewal lease. The DRA ruled against tenant, finding that landlord had offered tenant a timely renewal lease. Tenant appealed and lost. Rent Stabilization Code Section 2527.9 provides that when a landlord sends a renewal lease offer to tenant by registered or certified mail, the stamped post office receipt is sufficient proof of service. The burden of proving non-receipt then shifts to tenant. Here, landlord showed that it sent the renewal lease to tenant by certified mail.

Johnson: DHCR Adm. Rev. Docket No. ZF410043RT (1/10/13) [2-pg. doc.]

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