Tenant Entitled to Preferential Rent Upon Lease Renewal

LVT Number: #27523

Rent-stabilized tenant complained of rent overcharge. Tenant previously had a preferential rent. But when landlord renewed tenant’s lease in 2014, it discontinued the preferential rent. The DRA ruled against tenant, who appealed and won. Tenant’s preferential rent rider stated that tenant’s preferential rent would continue throughout the tenancy. So landlord must offer tenant the 2014 renewal lease based on the preferential rent in effect prior to the 2014 lease renewal plus the applicable rent guideline.

 

 

Rent-stabilized tenant complained of rent overcharge. Tenant previously had a preferential rent. But when landlord renewed tenant’s lease in 2014, it discontinued the preferential rent. The DRA ruled against tenant, who appealed and won. Tenant’s preferential rent rider stated that tenant’s preferential rent would continue throughout the tenancy. So landlord must offer tenant the 2014 renewal lease based on the preferential rent in effect prior to the 2014 lease renewal plus the applicable rent guideline.

 

 

 

 

 

Goodman: DHCR Adm. Rev. Docket No. ES410006RP (11/29/16) [3-pg. doc.]

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