Tenant Claims Improper Delivery of Renewal Lease Offer
LVT Number: #21016
In November 2007, rent-stabilized tenant complained of improper lease renewal. She said that her last renewal lease was for two years, starting on June 1, 1998, at a rent of $951. She claimed that she didn't sign a renewal offered in 2006 because the super handed it to her and told her she had to sign it right away. Tenant also said that her Section 8 benefits were terminated in February 2006 because landlord didn't make repairs in a timely manner. Landlord claimed that it sent tenant renewal leases in 2000, 2002, 2004, and 2006, but that tenant refused to sign them. Landlord said that tenant was removed from the Section 8 program because of a change in her employment status. Tenant responded that she never got any of the lease renewals in the mail and that she would have lost her Section 8 status if she'd refused to sign offered renewal leases. The DRA ruled against tenant, finding that landlord offered her a renewal lease for the period starting June 1, 2006. Tenant appealed. The DHCR reopened the case and sent it back to the DRA. The DRA had asked landlord to submit original certificates of mailing that landlord claimed proved it sent the renewal lease to tenant. But landlord didn't do this. And, although landlord claims it sent tenant a timely renewal offer in 2006, it continued to collect rent of $951 at least through December 2007. This was tenant's 1998 rent. Landlord must explain why it didn't charge tenant or Section 8 the rents stated in the renewal leases or seek tenant's eviction for refusing to renew.
Solano: DHCR Adm. Rev. Docket No. WH610070RT (12/1/08) [3-pg. doc.]