Rider in Substantial Compliance with Code Requirements

LVT Number: 16192

Tenant complained that landlord didn't properly renew his rent-stabilized lease. The DRA ruled against tenant and dismissed the complaint. Tenant appealed. A rider to tenant's original lease stated that the following language must appear on tenant's renewal lease: ''Attached rider sets forth rights and obligations of tenants and landlords under the Rent Stabilization Law.'' Tenant claimed that this language wasn't included in his renewal lease.

Tenant complained that landlord didn't properly renew his rent-stabilized lease. The DRA ruled against tenant and dismissed the complaint. Tenant appealed. A rider to tenant's original lease stated that the following language must appear on tenant's renewal lease: ''Attached rider sets forth rights and obligations of tenants and landlords under the Rent Stabilization Law.'' Tenant claimed that this language wasn't included in his renewal lease. Instead, the renewal lease stated, ''A rider setting forth the rights and obligations of tenants and landlords under the Rent Stabilization Law must be attached to this lease when signed by the owner and returned to the tenant.'' The DHCR ruled against tenant. The language in the renewal lease was in substantial compliance with the provision stated in the lease rider. And tenant didn't deny receiving the actual lease rider.

Thompson: DHCR Admin. Rev. Dckt. No. QA610081RT (8/15/02) [2-pg. doc.]

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