Landlord and Tenant Signed Two Leases at Different Rent Amounts

October 8, 2018

LVT Number: #28672

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court dismissed the case after trial. Landlord and tenant signed one lease listing a higher rent, then signed a second lease with a lower rent so that tenant could obtain rental assistance from HRA's Special Exit Prevention Supplement (SEPS) program. The court didn't find that this agreement was illegal or against public policy. But the court found that landlord couldn't prove there was a meeting of the minds as to the monthly rent for the apartment.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court dismissed the case after trial. Landlord and tenant signed one lease listing a higher rent, then signed a second lease with a lower rent so that tenant could obtain rental assistance from HRA's Special Exit Prevention Supplement (SEPS) program. The court didn't find that this agreement was illegal or against public policy. But the court found that landlord couldn't prove there was a meeting of the minds as to the monthly rent for the apartment. Landlord also failed to prove that it registered the current rent with the DHCR. Landlord could restart the case for nonpayment based on the lease with the lower rent and proper DHCR rent registration.

554-558 W. 181 Street LLC v. Cochrane: 61 Misc.3d 1203(A) (Civ. Ct. NY; 9/24/18; Stoller, J)

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