Landlord Must Offer Renewal Lease Based on Preferential Rent

Tenant complained that landlord didn't properly renew his rent-stabilized lease. Tenant's initial lease contained a preferential rent clause. Landlord claimed that the clause applied to the first lease only and that it wasn't required to continue the preferential rent upon renewal. The DRA ruled for tenant, and landlord appealed. The DHCR ruled against landlord. Rent Stabilization Code Section 2522.5(g) requires that a lease be renewed on the same terms and conditions as the initial lease and provides that a preferential rent continues until a tenant moves out.

Pistilli: DHCR Adm. Rev. Dckt. No. OH110064RO (4/30/01) [2-pg. doc.]