Preferential Rent Provision Was Revocable Upon 2018 Lease Renewal

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant objected, claiming that landlord was now charging her more than a preferential rent as it did under her initial lease in 2000. Landlord argued that it was entitled to discontinue tenant's preferential rent under the terms of tenant's lease agreement because tenant was behind in rent at the time her last renewal lease was executed in 2018.

The court ruled for landlord. The preferential rent set forth in tenant's initial lease was revocable upon lease renewal in the event that tenant's rent account was in arrears. Landlord showed that tenant was in arrears when her lease expired in February 2017. Although tenant argued that landlord had waived the right to enforce these lease terms because it had again renewed the lease in 2018, tenant didn't claim waiver as a defense in her amended answer to the nonpayment petition. So tenant couldn't raise waiver as a defense now.

Bronx 444 E. 187 St., LP v. Perea: 69 Misc.3d 1203(A), 2020 NY Slip Op 51173(U)(Civ. Ct. Bronx; 10/1/20; Lutwak, J)