Preferential Rent Can Be Eliminated

(Decision submitted by Todd Nahins of the Manhattan law firm of Borah, Goldstein, Altschuler, Schwartz & Nahins, PC, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for not renewing her lease. Tenant asked the court to dismiss the case. She claimed that landlord didn't offer her a proper renewal lease. Landlord charged tenant a preferential rent under her prior lease. Landlord's latest renewal offer didn't include the preferential rent. The court ruled for landlord. Tenant's initial lease didn't grant tenant a preferential rent for the entire term of her tenancy. The lease and lease rider stated that the preferential rent would be for ''the term of this lease.'' The lease and riders, at most, only implied that tenant would be entitled to a preferential rent for one renewal lease. And the 2003 amendment to the Rent Stabilization Law permits landlord to discontinue a preferential rent upon lease renewal.

Les Filles Quartre LLC v. McNeur: L&T Index No. 105833/04 (Civ. Ct. NY 7/5/05; Wendt, J) [13-pg. doc.]