Landlord Didn't Include Legal Rent on Lease Renewal

Landlord registered tenant's legal rent and preferential rent every year. But landlord didn't indicate the legal rent on tenant's renewal lease. The lease only stated the preferential rent amount. Landlord asked the DHCR if it could indicate the legal rent on tenant's next renewal lease. In an opinion letter, the DHCR said no. Rent Stabilization Law section 26-511c(14) provides that landlord can charge tenant the legal rent upon renewal or vacancy, based on the ''previously established'' legal rent. If tenant's renewal lease didn't state the legal rent, the legal rent couldn't be established and would be deemed waived.

DHCR Opin. Ltr. by Michael B. Rosenblatt (7/21/05) [2-pg. doc.]