Tenant Can't Change Start Date of Renewal Lease

Tenant complained of an improper renewal lease offer. Tenant claimed that on April 22, 1993, landlord offered a renewal lease to start on July 26, 1993, less than 120 days after landlord's offer. Landlord acknowledged the untimely offer but pointed out that tenant had selected the start date of the renewal lease. The DRA ruled for tenant and directed landlord to reform tenant's two-year lease so that it started on September 1, 1993. The DRA also ruled that a termination notice sent by landlord on March 13, 1995, was now defective because it wasn't sent within the required window period under the reformed lease. Landlord appealed. The DHCR ruled for landlord. Tenant's 1993 renewal lease form contained Rent Stabilization Code language giving tenant the option of having the lease start at the offered date or, if the offer wasn't on time, at a later date. Tenant chose the date offered by landlord. Nothing in the Rent Stabilization Code permits tenant to change her mind after the lease has run its course.

Perlman: DHCR Adm. Rev. Dckt. No. KG410138RO (2/7/97) [3-page document]