Tenant Claims Copy of Renewal Lease Never Sent
LVT Number: 11597
Landlord sued to evict tenant for nonpayment of rent. Tenant had refused to pay a rent increase under rent-stabilized renewal lease. Tenant claimed a rent overcharge because landlord didn't deliver a fully signed copy of the renewal lease. The court ruled for tenant and dismissed landlord's petition. Landlord appealed. The appeals court ruled for landlord and reopened the case. The Rent Stabilization Code bars landlord from suing to evict tenant for nonrenewal of lease when landlord doesn't deliver a copy of the lease renewal. But landlord isn't barred from collecting the renewal lease increase unless the DHCR orders landlord to give tenant a copy of the renewal lease in response to tenant's complaint and landlord doesn't comply.
211 W. 56 Assocs. v. Nager: NYLJ, p. 25, col. 6 (6/20/97) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)