Tenant Didn't Sign Offered Renewal Lease

April 1, 2000

LVT Number: 13998

Landlord sued to evict rent-stabilized tenant based on tenant's refusal to sign a renewal lease. The court ruled for landlord. Although landlord didn't offer the renewal lease during the 150-120 day window period before the last lease expired, landlord's offer was just a little late, and tenant had the option of having the renewal lease start a little later. The court ordered tenant to sign the renewal lease within 30 days. Tenant didn't do so, and the court then issued a judgment of possession for landlord. Tenant appealed and lost. Landlord's renewal lease offer was proper.

Landlord sued to evict rent-stabilized tenant based on tenant's refusal to sign a renewal lease. The court ruled for landlord. Although landlord didn't offer the renewal lease during the 150-120 day window period before the last lease expired, landlord's offer was just a little late, and tenant had the option of having the renewal lease start a little later. The court ordered tenant to sign the renewal lease within 30 days. Tenant didn't do so, and the court then issued a judgment of possession for landlord. Tenant appealed and lost. Landlord's renewal lease offer was proper. The fact that tenant had filed a PAR challenging the legal rent amount determined by the DRA didn't bar landlord from offering a renewal lease based on the amount set by the DRA as the legal rent.

Rzeznik v. Lewandowski: NYLJ, 3/20/00, p. 29, col. 3 (App. T.2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)

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