Landlord Can't Void Preferential Rent Due to Nonpayment

September 26, 2014

LVT Number: #25759

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay the back rent owed in installments. When tenant's first payment was returned for insufficient funds, landlord brought the case back to court and argued that tenant should have to pay the full legal rent instead of the preferential rent provided for in tenant's lease. The court ruled against landlord. Under the terms of tenant's lease, tenant had to pay only the preferential rent.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay the back rent owed in installments. When tenant's first payment was returned for insufficient funds, landlord brought the case back to court and argued that tenant should have to pay the full legal rent instead of the preferential rent provided for in tenant's lease. The court ruled against landlord. Under the terms of tenant's lease, tenant had to pay only the preferential rent. Landlord couldn't increase tenant's rent during his lease term based on untimely payment.

Hillside Place, LLC v. Nguma: Index No. 69710/13, NYLJ No. 1202666526999 (Civ. Ct. Queens; 7/30/14; Birnbaum, J)

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