Renewal Lease Needn't Contain Preferential Rent

July 31, 2005

LVT Number: 18260

(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 renewal lease. Tenant claimed that landlord's renewal offer was improper. She said that she was entitled to a renewal at a preferential rent, since she had one previously. The court ruled for landlord. Riders in tenant's initial lease and prior renewal leases didn't state that the preferential rent would continue throughout her tenancy upon renewal.

(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 renewal lease. Tenant claimed that landlord's renewal offer was improper. She said that she was entitled to a renewal at a preferential rent, since she had one previously. The court ruled for landlord. Riders in tenant's initial lease and prior renewal leases didn't state that the preferential rent would continue throughout her tenancy upon renewal. And Rent Stabilization Law section 26-511(14) permits landlord to offer a renewal lease at the guidelines increase over the legal regulated rent rather than the preferential rent.

Les Filles Quartre LLC v. McNeur: 2005 WL 1592888 (Civ. Ct. NY 7/5/05; Wendt, J)

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