PREFERENTIAL RENT

Successor Tenant Not Entitled to Prior Rent-Stabilized Tenant's Preferential Rent

October 26, 2021    

Landlord asked the DHCR in 2017 to determine if it could give the former rent-stabilized tenant's successor tenant a renewal lease based on the prior tenant's legal regulated rent. After the prior tenant...

Landlord's Preferential Rent Rider Was Invalid

August 24, 2021    

Landlord sued to evict rent-stabilized tenant for failure to renew his lease. In answer to the holdover petition, tenant claimed that landlord induced him to sign a lease rider several months after he signed his...

No Overcharge Occurred When Landlord Raised Preferential Rent

May 24, 2021    

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Records showed that the base date legal regulated rent was $1,449 and the...

Preferential Rent Provision Was Revocable Upon 2018 Lease Renewal

November 17, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant objected, claiming that landlord was now charging her more than a preferential rent as it did under her initial lease in 2000. Landlord...

Landlord Didn't Preserve Legal Regulated Rent

December 16, 2019    

Tenant complained of rent overcharge and improper deregulation of a rent-stabilized apartment while the building received J-51 tax benefits. Landlord argued there was no overcharge because tenant paid a preferential...

Landlord Didn't Prove Tenant Was Charged Preferential Rent

September 25, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,521, including triple damages. Landlord appealed and lost. Landlord failed to prove that tenant had a...

Prior Preferential Rent Below Deregulation Threshold Didn't Prevent Vacancy Deregulation

September 21, 2019    

(Decision submitted by Paul N. Gruber of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord Didn't Prove Lease Listed Both Legal Regulated Rent and Preferential Rent

June 21, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $10,829, including triple damages. The overcharge finding was based on landlord's failure to prove...

Landlord Omitted Legal Regulated Rent from One Renewal Lease Listing Preferential Rent

April 28, 2019    

(Decision submitted by Eileen O'Toole, Esq. of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Base Date Rent Reduced to Preferential Rent

March 19, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,454.74, including interest. Landlord appealed and lost. For the first time on appeal, landlord...

Preferential Rent Charged to Tenant Was Initial Legal Regulated Rent

January 28, 2019    

Tenant complained of rent overcharge. The DHCR ruled for tenant and ordered landlord to refund $34,826, including interest. Landlord then filed an Article 78 court appeal. The court sent the case back to the DHCR for...

Landlord Not Required to Continue Preferential Rent

December 26, 2018    

Tenant complained that landlord refused to renew her rent-stabilized lease on the same terms and conditions as her expiring lease. Tenant claimed that landlord offered a renewal lease at a monthly rent of $1,998...