No Proof Landlord Sent Tenant Renewal Lease Offer

Tenant complained that landlord didn't offer him a rent-stabilized renewal lease. Landlord claimed that it sent tenant a renewal offer dated Nov. 11, 2004, for a lease to commence on Feb. 1, 2005. The DRA ruled that the lease should start on March 1, 2005, which was 90 days after the offer, and directed tenant to sign an amended lease. Tenant appealed and won. He claimed that landlord never sent him a renewal offer after his last lease expired on March 31, 2004. The DHCR said there was no proof that landlord personally delivered any renewal offer to tenant, as landlord claimed. And the certified mail receipt that landlord said was used for tenant's renewal offer indicated a different ZIP code from tenant's. Landlord was ordered to send tenant an amended renewal lease offer with a lease commencement date no sooner than 90 days after the offer was made.

Brenka: DHCR Adm. Rev. Docket No. UI110026RT (11/21/06) [3-pg. doc.]