Landlord Can Discontinue Preferential Rent

LVT Number: 19361

Tenant complained of a rent overcharge. Landlord claimed that tenant initially had a preferential rent, but that landlord had legally discontinued it upon lease renewal. The DRA ruled against tenant. Tenant appealed and lost. Landlord offered tenant a renewal lease in 2004 based on the legal regulated rent. Tenant's prior renewal lease in 2002 stated both the legal regulated rent and the preferential rent. Landlord's rent registration statements for the years between 2000 and 2004 also listed both the legal regulated rent and preferential rent.

Tenant complained of a rent overcharge. Landlord claimed that tenant initially had a preferential rent, but that landlord had legally discontinued it upon lease renewal. The DRA ruled against tenant. Tenant appealed and lost. Landlord offered tenant a renewal lease in 2004 based on the legal regulated rent. Tenant's prior renewal lease in 2002 stated both the legal regulated rent and the preferential rent. Landlord's rent registration statements for the years between 2000 and 2004 also listed both the legal regulated rent and preferential rent.

Coffina: DHCR Adm. Rev. Docket No. TL410006RT (11/1/06) [7-pg. doc.]

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