Tenant Can't Challenge Old Renewal Offer

Facts: New landlord sued to evict tenants, claiming that he needed the apartment for his family's personal use and occupancy. Landlord had sent tenants a termination notice between 120 and 150 days before tenants' renewal lease expired on Dec. 31, 1996. Tenants claimed that the termination notice was untimely because the renewal lease expiration date should have been Jan. 31, 1997. Prior landlord hadn't renewed tenants' lease on time. Prior landlord's late renewal offer contained a start date of Jan. 1, 1995, even though, tenants claimed, the lawful start date was Feb. 1, 1995. This was because, under the Rent Stabilization Code, tenants had the option of choosing a renewal date occurring no less than 120 days after such offer was made by landlord in response to a late renewal offer. Landlord argued that tenants accepted the renewal lease with the Jan. 1, 1995 start date, and couldn't challenge that renewal lease at this later date to the detriment of new landlord. Court: Landlord wins. Tenants renewed their lease in September 1994 without complaint for a term ending on Dec. 31, 1996, and chose not to pursue a pending DHCR complaint based on nonrenewal of lease. The purpose of the late renewal offer penalties under the Rent Stabilization Code was to compel landlords to offer renewal leases without subjecting tenants to the burden of having to file a complaint with the court or with the DHCR, and to impose a monetary penalty on landlord by delaying the rent increase. It would be unfair to bar new landlord from proceeding with the owner occupancy case based on tenants' challenge to the old renewal lease.

Donnelly v. Greene: NYLJ, p. 26, col. 6 (1/28/98) (Civ. Ct. NY; Shulman, J)