Agreement Didn't Create Preferential Rent

Landlord sued to evict tenant for refusing to renew his rent-stabilized lease. Tenant claimed that he could have a lower rent from what landlord offered in the renewal lease because landlord and tenant had agreed in a prior housing court agreement to give tenant a preferential rent. Landlord argued that the prior agreement, made in a nonpayment case, only reduced tenant's rent for a specific period of time to settle a pending DHCR complaint filed by tenant. The court ruled for landlord. The earlier court agreement clearly reduced tenant's rent only for a limited period and didn't give tenant any preferential rent. Both landlord and tenant had been represented by experienced landlord-tenant attorneys in the earlier case, so tenant couldn't claim that the agreement didn't clearly state the parties' intent.

Hudson Towers Assocs. v. Rubackin: NYLJ, p. 27, col. 2 (4/29/98) (Civ. Ct. Bronx; Heymann, J)