Preferential Rent Charged on Base Date

June 30, 2006

LVT Number: 18975

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the rent demanded was more than the legal rent. Landlord argued that it had charged tenant a preferential rent that was later discontinued. After a trial, the court ruled for tenant. Landlord appealed and lost. Tenant didn't receive a written lease setting forth the legal and preferential rent when he moved in, and he paid rent of $900 per month. The court properly ruled that $900 was the base legal rent because there was no lease agreement showing that the rent was preferential.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the rent demanded was more than the legal rent. Landlord argued that it had charged tenant a preferential rent that was later discontinued. After a trial, the court ruled for tenant. Landlord appealed and lost. Tenant didn't receive a written lease setting forth the legal and preferential rent when he moved in, and he paid rent of $900 per month. The court properly ruled that $900 was the base legal rent because there was no lease agreement showing that the rent was preferential.

Curry v. Battistotti: NYLJ, 6/9/06, p. 35, col. 1 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, J)

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