Landlord Could Discontinue Preferential Rent

(Decision submitted by Gerald Shapiro of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen, LLP, who represented the landlord.)
Landlord sued to evict tenant for refusing to renew his rent-stabilized lease. Tenant claimed that the renewal was improper because landlord had discontinued the preferential rent that tenant had previously. Landlord argued that it wasn’t required to continue any preferential rent. The court ruled for landlord. Tenant appealed and lost. The lease rider in question didn’t give tenant a preferential rent for his entire tenancy. The rider stated clearly that landlord was giving tenant a rent concession that was “temporary in nature and not intended as a preferential rent which continues throughout this tenancy.” Landlord properly discontinued the preferential rent and resumed charging tenant the legal regulated rent.