Agreement to Discount Tenant's Rent in Exchange for Porter Services Wasn't a Preferential Rent
LVT Number: #33104
Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord sought an incorrect monthly rent because he paid a preferential rent that was less than the unit's legal regulated rent. Tenant's prior renewal lease had included a rider stating that there would be a monthly rent discount for certain services to be done by tenant at the building, including garbage removal, mopping, cleaning, snow removal, and minor repairs. The agreement also stated that it was to last for one year, subject to renewal unless landlord sent a 30-day notice directing tenant to resume paying rent with a termination of tenant's obligation to perform the work agreed to. Landlord argued that its termination of tenant's obligation to perform work at the building ended his rent discount. The court agreed. The rent discount given to tenant in exchange for building work was compensation for specific services or labor and not a preferential rent. The court granted landlord a final money judgment of $29,299 with issuance of an eviction warrant stayed five days.
834 Bay Ridge LLC v. Castillo: L&T Index No. 324648/22, 2024 NY Slip Op 24053 (Civ. Ct. Kings; 2/20/24; Harris, J)