Tenant's Vacancy Lease Contained No Preferential Rent Provision

January 27, 2016

LVT Number: #26757

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant. Landlord appealed and lost. Landlord claimed that tenant initially paid a preferential rent that landlord wasn’t required to renew. But tenant’s vacancy listed a $1,000 rent and didn’t include a preferential rent. So landlord improperly offered a renewal lease listing the prior rent as $1,834. Tenant didn’t sign the renewal lease and therefore remained a month-to-month tenant at the same $1,000 rent. Landlord was directed to base future lease offers on the $1,000 base rent. 

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant. Landlord appealed and lost. Landlord claimed that tenant initially paid a preferential rent that landlord wasn’t required to renew. But tenant’s vacancy listed a $1,000 rent and didn’t include a preferential rent. So landlord improperly offered a renewal lease listing the prior rent as $1,834. Tenant didn’t sign the renewal lease and therefore remained a month-to-month tenant at the same $1,000 rent. Landlord was directed to base future lease offers on the $1,000 base rent. 

 

 

 

 

 

 

Rania Mesiskli, LLC: DHCR Adm. Rev. Docket No. DS110028RO (11/3/15) [2-pg. doc.]

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