Landlord Proved Rent Was Preferential

(Decision submitted by Manhattan attorney Abraham Greenspan, who represented the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord was charging an illegal rent. Landlord said that when tenant moved in, landlord charged him a preferential rent. Landlord argued that upon the latest lease renewal, landlord didn't renew the preferential rent but sought the legal regulated rent as permitted under the Rent Stabilization Law. Tenant argued that landlord didn't state both the preferential rent and legal regulated rent in prior leases. So landlord could only increase tenant's rent over the preferential rent. The court ruled for landlord. Landlord clearly stated the legal regulated rent in all prior leases and in annual rent registrations. Tenant knew what his preferential rent was, and this was set forth in writings between landlord and tenant. The legal regulated rent clearly was previously established.

Belmar Realty Corp. v. Furtsch: L&T Index No. 75155/05 (Civ. Ct. NY 10/31/05; Wendt, J) [14-pg. doc.]