Landlord Can Discontinue Preferential Rent

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord improperly increased his rent. Tenant had refused to sign his most recent renewal lease. Landlord deemed the lease renewed and charged tenant the legal regulated rent increase. Tenant claimed that he was entitled to pay a preferential rent because he did so under his initial lease and his prior renewal lease. The court ruled for landlord. Neither tenant’s lease nor any rider expressly gave tenant a preferential rent that was to last for the entire tenancy. Since nothing in the initial lease or renewal lease indicated that the parties intended to extend the preferential rent for the entire tenancy, landlord was permitted under the amended Rent Stabilization Code to discontinue the preferential rent under tenant’s most recent renewal lease.

Savoy Park Owner LLC v. West: NYLJ, 4/23/08, p. 27, col. 1 (Civ. Ct. NY; Martino, J)