Rent-Stabilized Renewal Lease Offer Without Previously Included Preferential Rent Was Improper

Landlord sued to evict rent-stabilized tenant for refusing to sign a renewal lease offered by landlord. Tenant claimed that the renewal offer was improper. The court agreed and dismissed the case. Tenant's initial lease, commencing July 1, 2002, reflected a rent of $1,557.50. The lease included a preferential rent rider signed by tenant only. The lease was renewed several times, noting both a legal regulated rent and a lower preferential rent. The LRR and preferential rents also were registered annually with the DHCR. In 2019, new landlord sent a lease renewal offer that didn't include a preferential rent. The initial lease granted a preferential rent for the duration of the tenancy. Landlord's 2019 renewal offer, without a preferential rent, was an offer that was not made on the same terms and conditions as the expired lease. The renewal offer therefore was improper.

201 East 164th Street Associates LLC v. Calderon: Index No. 11523/2020, 81 Misc.3d 1211(A), 2023 NY Slip Op 51315(U), NYLJ No. 1702343490 (Civ. Ct. Bronx; 12/4/23; Ibrahim, J)