Did Preferential Rent Agreement Extend for Entire Tenancy?

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that he didn't owe the amount claimed due because he had a preferential rent that continued past his prior lease term. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant, who appealed and lost. The intended duration of tenant's preferential rent rider was unclear without conducting a trial. So tenant's demand that the court decide that question based on documents alone was premature. The rider didn't unequivocally and explicitly provide for a rent concession for the duration of the tenancy, and it could be interpreted in different ways. For example, it was unclear whether the term "renewal rent" used in the rider was the amount to be paid by tenant upon renewal of the lease or instead the amount intended to be used by landlord in calculating future rents in vacancy leases. Handwritten notations appearing on the renewal lease forms also raised questions that required further investigation.

Ludlow Owner LLC v. Washburn: 45 Misc.3d 133(A), 2014 NY Slip Op 51677(U) (App. T. 1 Dept.; 12/1/14; Lowe III, PJ, Shulman, Hunter Jr., JJ)