Rent Credit Provisions in Lease Didn't Violate ETPA

May 31, 2003

LVT Number: 16629

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant's lease contained rent credit provisions. If tenant paid before the fifth of each month, he got a discount from the legal regulated rent. If tenant paid on the fifth or after, he paid the full legal rent. And if tenant paid after the tenth of the month, he paid full rent plus a late charge. Tenant claimed that the rent credit provisions were a scheme that violated the ETPA. Tenant asked the court to dismiss the case. The court ruled for landlord.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant's lease contained rent credit provisions. If tenant paid before the fifth of each month, he got a discount from the legal regulated rent. If tenant paid on the fifth or after, he paid the full legal rent. And if tenant paid after the tenth of the month, he paid full rent plus a late charge. Tenant claimed that the rent credit provisions were a scheme that violated the ETPA. Tenant asked the court to dismiss the case. The court ruled for landlord. There was nothing illegal about the rent credit provisions in tenant's lease. Landlord didn't charge tenant more than the legal regulated rent.

Clinton Realty LLC v. Beazer: NYLJ, 5/14/03, p. 24, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)

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