Renewal Lease Wasn't Based on Preferential Rent

March 1, 2009

LVT Number: #21089

Rent-stabilized tenant complained of an improper lease renewal. The DRA ruled against tenant, finding that landlord had complied with a prior court stipulation by sending tenant a renewal lease starting on June 1, 2006, and ending on May 31, 2008, at $490 per month. Tenant appealed. The renewal lease listed the prior monthly rent as $540.57. Tenant claimed that this incorrectly implied that the new rent of $490 was a preferential rent. The DHCR ruled for tenant. The court stipulation didn’t address any question concerning preferential rent.

Rent-stabilized tenant complained of an improper lease renewal. The DRA ruled against tenant, finding that landlord had complied with a prior court stipulation by sending tenant a renewal lease starting on June 1, 2006, and ending on May 31, 2008, at $490 per month. Tenant appealed. The renewal lease listed the prior monthly rent as $540.57. Tenant claimed that this incorrectly implied that the new rent of $490 was a preferential rent. The DHCR ruled for tenant. The court stipulation didn’t address any question concerning preferential rent. But the new rent of $490 wasn’t a preferential rent. Landlord should offer tenant a revised renewal lease within 30 days.

Kumai: DHCR Adm. Rev. Docket No. WF410036RT (11/17/08) [2-pg. doc.]

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