Tenant Didn't Give Up Rights by Not Signing Renewal Lease

Landlord sued tenant, asking the court to declare that the rent-stabilized apartment was deregulated because tenant hadn't signed a renewal lease. The court ruled against landlord because landlord had sent tenant's renewal lease offer to him only two weeks before the renewal lease was scheduled to begin. The rent stabilization law requires landlord to send the lease to tenant 120 days in advance. The court ruled that the renewal lease offer was null and void. Landlord appealed, claiming that, even if the renewal lease offer was late, tenant should have signed it so as to go into effect 120 days later. The appeals court ruled for landlord. Landlord's late re-newal lease offer didn't make the renewal completely void. Under the law, it simply should have been delayed. Tenant was ordered to sign a renewal lease with a rent increase effective 120 days after the renewal offer.

South Park Assocs., LLC v. Toledano: NYLJ, p. 26, col. 1 (3/15/99) (App. Div. 1 Dept.; Ellerin, PJ, Rosenberger, Wallach, Saxe, JJ)