Super Hand-Delivered Renewal Lease Offer

Rent-stabilized tenant complained that landlord failed to offer her a renewal lease for the term starting March 1, 2007, until September 2007. The DRA ruled against tenant based on the sworn statement of landlord's building super that he hand delivered this renewal to tenant on Nov. 22, 2006. Tenant appealed, claiming that the super's statement was false. The DHCR ruled against tenant. Landlord wasn't required to deliver the renewal offer to tenant in any particular manner. Landlord submitted an affidavit from the super as proof of delivery. And landlord deemed the lease in effect as of March 1, 2007, by promptly charging tenant the new rent due under the renewal lease that she hadn't signed and sent back. Based on this proof, the DRA correctly dismissed tenant's complaint.

Cruz: DHCR Adm. Rev. Docket No. VL610135RT (12/11/08) [2-pg. doc.]