Landlord Can't Add J-51 Rider for First Time to Renewal Lease

Rent-stabilized tenant complained that landlord didn't offer her a renewal lease on the same terms and conditions as her expiring lease because landlord included a J-51 tax abatement rider for the first time. The DRA ruled for tenant and said that landlord must offer a lease on the same terms and conditions as tenant's expiring lease. Tenant appealed and argued that the DRA failed to address the issue of the preferential rent in tenant's renewal lease. But the DHCR ruled that a lease violation complaint wasn't the proper forum for tenant's preferential rent claim. Tenant could file a rent overcharge complaint if warranted.

Sugiyama: DHCR Adm. Rev. Docket No. FX210018RT (8/8/18) [2-pg. doc.]