Landlord Must Renew Preferential Rent Agreement

December 1, 2009

LVT Number: #22342

Tenant complained that landlord refused to renew her rent-stabilized lease on the same terms and conditions. She claimed that she was entitled to pay a preferential rent. The DHCR ruled for tenant. Landlord appealed, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled for landlord. The DHCR appealed and won. Landlord had agreed in tenant's lease rider to charge tenant a preferential rent for the duration of her tenancy. The rider specifically excluded only successor tenants from the same preference. The DHCR's decision was reasonable and must be upheld.

Tenant complained that landlord refused to renew her rent-stabilized lease on the same terms and conditions. She claimed that she was entitled to pay a preferential rent. The DHCR ruled for tenant. Landlord appealed, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled for landlord. The DHCR appealed and won. Landlord had agreed in tenant's lease rider to charge tenant a preferential rent for the duration of her tenancy. The rider specifically excluded only successor tenants from the same preference. The DHCR's decision was reasonable and must be upheld.

Barmat Realty Company, LLC v. DHCR: 2009 WL 4068475 (11/24/09) (App. Div. 2 Dept.; Skelos, JP, Randall, Eng, Austin, Roman, JJ)

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