No Rent Hikes Allowed for Improper Renewal Leases

LVT Number: #20904

Nassau County tenant complained of a rent overcharge. Landlord submitted the apartment's rent history to the DRA, including two renewal leases signed by tenant. The DRA ruled for tenant and disallowed any rent increase for the renewal leases. Landlord appealed, claiming that the renewal leases were timely and were signed by tenant. The DHCR ruled against landlord. Landlord didn't send the renewal leases to tenant by certified mail and didn't sign the renewal leases before sending them to tenant.

Nassau County tenant complained of a rent overcharge. Landlord submitted the apartment's rent history to the DRA, including two renewal leases signed by tenant. The DRA ruled for tenant and disallowed any rent increase for the renewal leases. Landlord appealed, claiming that the renewal leases were timely and were signed by tenant. The DHCR ruled against landlord. Landlord didn't send the renewal leases to tenant by certified mail and didn't sign the renewal leases before sending them to tenant. This violated Tenant Protection Regulations Section 2503.5(a), so no rent increase was permitted.

Millbrook Apartments Co.: DHCR Adm. Rev. Docket No. WF710036RO (9/18/08) [4-pg. doc.]

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