No Preferential Rent Agreement

(Decision submitted by William J. Neville, of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, attorneys for the landlord.) Rent-stabilized tenant complained of a rent overcharge. She claimed that in 2000 she agreed with prior landlord to move from one apartment to another apartment in a different building owned by same landlord. Tenant said that they had a verbal agreement that she would continue to pay the same rent in the new apartment. Landlord had now increased her rent to the legal regulated rent upon lease renewal. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed and lost. There was no written agreement to prove tenant's claim. The lease in effect on the base date, as well as the next lease signed by tenant, clearly were preferential rent agreements showing both a preferential rent and the higher legal regulated rent. Landlord was entitled by law to discontinue the preferential rent upon lease renewal. The DHCR can't look back more than four years to consider tenant's claim about any agreement she made with prior landlord before that date.

Rojas: DHCR Adm. Rev. Docket No. XC410018RT (6/3/09) [2-pg. doc.]