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Hillside Park 168 LLC v. Khan

Holdover Proceeding Arising From Refusal to Sign Renewal Lease for Rent-Stabilized Apartme

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TRIAL DECISION/ORDER

*1 Petitioner commenced this holdover proceeding seeking possession of the subject rent stabilized apartment on the basis that the tenant of record, Respondent Md. Assaduzzaman Khan (“Respondent”), failed to sign a properly offered lease renewal, upon expiration of a vacancy lease. The lease renewals offered to Respondent depicted two rents, a higher legal rent and a lower preferential rent, with increases on both. The first renewal lease offered to Respondent dated June 18, 2015 and effective October 1, 2015, sought to renew the lease with the applicable rent guidelines increases known at that time. The renewal offer depicted both a reserved base legal rent of $1,320.00, which was being increased, and an offer to extend the preferential rent at $1,200.00 for a one year period or $1,215.00 for a two year period. In June 2015, upon the Rent Guidelines Board’s (“RGB”) setting the new increases, Petitioner issued another lease renewal offer reflecting the appropriate adjustments to the increases, but also modified the preferential rent offer by increasing it to $1,320.00 for a one-year period and $1,336.50 for a two-year period. Respondent refused to sign both of the lease renewal offers, which precipitated the commencement of the instant holdover proceeding.After several adjournments, a trial commenced on September 27, 2017 and concluded on October 10, 2017. Post-trial memoranda of law were also submitted by the parties on November 14, 2017.

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