Landlord Improperly Discontinued Preferential Rent

LVT Number: #23664

Rent-stabilized tenant complained that landlord refused to give her a two-year renewal lease or to renew her lease on the same terms and conditions as her prior lease. She also claimed a rent overcharge as a result. The DRA ruled against tenant, who appealed and won. Tenant's initial lease included a rider that gave tenant a preferential rent "for as long as the tenant should reside in" the apartment. Later, landlord renewed tenant's lease without the preferential rent.

Rent-stabilized tenant complained that landlord refused to give her a two-year renewal lease or to renew her lease on the same terms and conditions as her prior lease. She also claimed a rent overcharge as a result. The DRA ruled against tenant, who appealed and won. Tenant's initial lease included a rider that gave tenant a preferential rent "for as long as the tenant should reside in" the apartment. Later, landlord renewed tenant's lease without the preferential rent. Landlord also told tenant that she could have only a one-year renewal lease if she wanted to continue the preferential rent. Tenant was entitled to a preferential rent for her entire tenancy, and landlord had overcharged her by $4,000 through improper lease renewals.

Malave/A&S Property Co., LLC: DHCR Adm. Rev. Docket Nos. XE210008RT, XE210018RO (8/3/11) [4-pg. doc.]

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