Mailed Renewal Offer Returned by Post Office

Tenant complained of a rent overcharge. Landlord hadn't sent lease renewals to tenant, but kept increasing her rent-stabilized rent. Tenant claimed that there should be no rent increases because landlord hadn't properly renewed her lease. The DRA ruled for tenant. Landlord appealed, claiming that it sent tenant her lease renewals but that the post office returned them as undeliverable. Landlord mailed them to tenant, using tenant's maiden name. But tenant claimed that she had repeatedly notified landlord of her married name, and paid rent by checks using her married name. The DHCR ruled against landlord. Since the post office kept sending back lease renewal offers made to tenant as undeliverable, landlord should have investigated why they were being returned and should have made additional efforts to send tenant the lease renewal offers. Landlord wasn't justified in deeming renewal lease increases. And triple damages were warranted because landlord acted in bad faith.

Avenue P Realty: DHCR Adm. Rev. Dckt. No. TA210035RO (4/13/05) [4-pg. doc.]