Lease Violation Issues Subject of Prior Court Case

January 1, 2007

LVT Number: 19353

Tenant complained that landlord didn't offer him a proper rent-stabilized renewal lease. Landlord claimed that this issue had been settled in a prior court case. The DRA ruled against tenant and dismissed the case. Tenant appealed and lost. Tenant claimed that the court settlement didn't matter because landlord had violated that agreement. The DHCR said that tenant should go back to court with any claims concerning the agreement. In the meantime, tenant need not pay any rent increase charged by landlord without a fully executed renewal lease.

Tenant complained that landlord didn't offer him a proper rent-stabilized renewal lease. Landlord claimed that this issue had been settled in a prior court case. The DRA ruled against tenant and dismissed the case. Tenant appealed and lost. Tenant claimed that the court settlement didn't matter because landlord had violated that agreement. The DHCR said that tenant should go back to court with any claims concerning the agreement. In the meantime, tenant need not pay any rent increase charged by landlord without a fully executed renewal lease. Landlord must offer tenant a proper renewal lease.

Vesprey: DHCR Adm. Rev. Docket No. UH210074RT (11/21/06) [2-pg. doc.]

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