Landlord Must Renew Preferential Rent Under LINC Rider to Lease

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, but tenant later asked the court to vacate or modify the settlement stipulation. The court ruled for tenant and dismissed the case. Tenant's initial lease incorporated a LINC rider that provided for payment of a preferential rent under the city's Living In Communities rental assistance program for transitioning homeless people to stable housing. Landlord argued that it wasn't required to continue the preferential rent after two years. But when parties agree to a preferential rent that extends beyond one lease renewal, that provision becomes a term and condition of that lease and must be incorporated into later lease renewals. The record here showed the parties' intent to grant a preferential rent lasting beyond four lease renewals, in accordance with the terms of the LINC rider. 

1253 Estates LLC v. Capers: Index No. 9260/18, NYLJ No. 1570345696 (Civ. Ct. Bronx; 9/16/19; Hahn, J)