Tenant Gets Extra Time to Respond to Landlord's Renewal Offer

Tenant complained that landlord didn't renew his rent-stabilized lease. Landlord claimed that a renewal offer was sent and never returned by tenant. The DRA ruled for tenant and directed landlord to offer him a renewal lease. Landlord appealed, arguing that he had offered tenant a renewal lease, and tenant hadn't responded within the 60-day time limit for renewal. The DHCR ruled against landlord. The renewal lease had been addressed to tenant's mother, who had been the tenant of record and had died. There may have been confusion with the post office and landlord knew or should have known that addressing the renewal to the mother could have affected delivery. Landlord wasn't contesting tenant's pass-on rights to the apartment. Landlord easily could have taken steps to ensure better service of the renewal lease offer.

Rutledge Apartments: DHCR Adm. Rev. Dckt. No. FB 110177 RO (3/2/95) [4-page document]