Landlord Must Continue Charging Preferential Rent

Tenant sued landlord for rent overcharges. In exchange for moving into a different apartment, landlord gave tenant a preferential rent. Later, upon lease renewal, landlord charged tenant the full legal rent. Landlord argued that it wasn't required to give tenant the preferential rent upon renewal because the Rent Stabilization Law was amended in 2003 to provide that landlords didn't have to give tenants a preferential rent upon lease renewal. The court ruled for tenant and found that the amended law didn't apply to the facts of this case. Under the terms of tenant's 1997 lease, the preferential rent didn't last merely for the term of the lease but, instead, lasted for ''the term of the tenant's occupancy.'' And the preferential rent in this case was given to tenant as part of a settlement agreement.

Aijaz v. Hillside Pl., LLC: NYLJ, 4/7/04, p. 22, col. 1 (Civ. Ct. Queens; Butler, J)