Landlord Can Add Language Regarding Preferential Rent

Tenant complained that landlord's rent-stabilized renewal lease offer wasn't on the same terms and conditions as the current lease. Landlord argued that it merely added language to the renewal offer to make clear which amount was the legal regulated rent and which amount was the preferential rent. Tenant claimed that landlord was trying to make changes that would permit termination of the preferential rent. Tenant said that his 1991 vacancy lease didn't distinguish between the legal regulated rent and the preferential rent. The DRA ruled for tenant and ordered landlord to give tenant a corrected lease that didn't contain any clause or statement establishing a preferential rent and a legal regulated rent. Landlord appealed and won. Landlord had filed annual apartment registrations showing the legal regulated rents and the existence of lower preferential rents going back to April 1, 2001, four years before tenant filed his complaint. Landlord's decision to set forth and clarify the proposed preferential rent and legal regulated rent in tenant's 2005 lease renewal offer was proper. Tenant Protection Regulations Section 2521.2(b) added in October 2005 permitted landlord to do this. Landlord also submitted undisputed proof that it sent an annual apartment registration in 2004, which showed both the legal regulated rent and preferential rent.

Prospect Rochelle Realty LLC: DHCR Adm. Rev. Dckt. No. TG910013RO (11/23/05) [3-pg. doc.]