Tenant Claims Rent Stated Is Improper

April 1, 2005

LVT Number: 18011

Tenant complained that landlord refused to offer a renewal lease on the same terms as contained in tenant's expiring lease. The DRA ruled against tenant. Tenant appealed, claiming that his prior lease had a preferential rent rider. Landlord's renewal offer was based on legal regulated rent, not preferential rent. The DHCR ruled against tenant. There was no claim that landlord didn't offer tenant a renewal lease or that the renewal offer was untimely. If landlord improperly increased tenant's rent under renewal lease, tenant's remedy is to file a rent overcharge complaint.

Tenant complained that landlord refused to offer a renewal lease on the same terms as contained in tenant's expiring lease. The DRA ruled against tenant. Tenant appealed, claiming that his prior lease had a preferential rent rider. Landlord's renewal offer was based on legal regulated rent, not preferential rent. The DHCR ruled against tenant. There was no claim that landlord didn't offer tenant a renewal lease or that the renewal offer was untimely. If landlord improperly increased tenant's rent under renewal lease, tenant's remedy is to file a rent overcharge complaint.

Chibel: DHCR Adm. Rev. Dckt. No. SK410059RT (2/7/05) [3-pg. doc.]

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