Tenant Given Extra Time to Sign and Return Renewal Offer

Facts: Landlord sued to evict rent-stabilized tenant for not signing a renewal lease. Tenant claimed he'd rightfully rejected landlord's renewal lease offer because it was improper. Tenant said that in a prior court agreement, landlord agreed to give him a preferential rent that should have been the base rent upon which his renewal increase was calculated. Landlord claimed that the preferential rent was intended for tenant's last lease period only. The court ruled for landlord, finding there was no preferential rent, and gave tenant 10 days to sign and return the renewal lease. Landlord mailed the renewal lease to tenant, who received it on May 7, 1998. Tenant returned the signed lease---but not within 10 days---and landlord sought his eviction. Tenant asked the court to revoke the judgment and eviction warrant since he'd signed and returned the renewal lease just a little late. Court: Tenant wins. Landlord wasn't legally required to tell tenant that he had only 10 days to sign and return the renewal lease. But landlord's letter didn't indicate to tenant that it was important to return the renewal lease quickly and that not doing so would result in tenant's eviction. Landlord later sent tenant a notice about scheduling repairs and didn't say anything about the late return of the renewal lease. Tenant and his wife had lived in the apartment over 35 years, were both over 80 years old, and were in ill health and arguably confused about the due date of the renewal lease. The court found that under the circumstances, it would be unfair to evict tenant based on the technicality of returning the signed renewal lease a bit late.

Hudson Towers Assocs. v. Rubackin: NYLJ, p. 24, col. 3 (9/2/98) (Civ. Ct. Bronx; Heymann, J)