Landlord Can Discontinue Preferential Rent

January 1, 2010

LVT Number: #22406

Tenant complained of a rent overcharge. She claimed that landlord raised her rent by $300 per month when her boyfriend moved in with her. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Landlord collected a preferential rent from tenant under the lease that expired on Dec. 14, 2004. Landlord then charged tenant the legal regulated rent under her next renewal lease, including two MCI rent hikes granted by the DHCR. Landlord was entitled to discontinue the preferential rent and did so upon lease renewal. It didn't matter that tenant now had a roommate.

Tenant complained of a rent overcharge. She claimed that landlord raised her rent by $300 per month when her boyfriend moved in with her. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Landlord collected a preferential rent from tenant under the lease that expired on Dec. 14, 2004. Landlord then charged tenant the legal regulated rent under her next renewal lease, including two MCI rent hikes granted by the DHCR. Landlord was entitled to discontinue the preferential rent and did so upon lease renewal. It didn't matter that tenant now had a roommate. There was no overcharge.

Jarrell: DHCR Adm. Rev. Docket No. XG210077RT (11/19/09) [2-pg. doc.]

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