Landlord Properly Increased Tenant's Preferential Rents Under Applicable Law

LVT Number: #33518

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2021. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued that landlord improperly increased the preferential rent she paid upon lease renewal. the DHCR disagreed. HSTPA amendments made effective on June 14, 2019 required, going forward, that landlord to continue preferential rents at rent guideline increases upon lease renewal.

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2021. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant argued that landlord improperly increased the preferential rent she paid upon lease renewal. the DHCR disagreed. HSTPA amendments made effective on June 14, 2019 required, going forward, that landlord to continue preferential rents at rent guideline increases upon lease renewal. But prior to HSTPA, landlord wasn't required to renew rent-stabilized leases at a preferential rent if the lease stated that a preferential rent applied only to the current renewal period. Since tenant's pre-HSTPA renewal leases didn't require subsequent preferential rents, any rent increases to preferential rents during pre-HSTPA renewal periods were proper.  

Assing: DHCR Adm. Rev. Docket No. MT210013RT (12/23/25)[3-pg. document]

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