Landlord Can Charge Legal Regulated Rent

January 1, 2006

LVT Number: 18606

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant's lease gave tenant a discount in rent if paid before the fifth day of the month. Otherwise, tenant was required to pay the legal regulated rent. Tenant had recently renewed his lease for one year, and no discount option was offered. Tenant argued that landlord shouldn't be able to charge more than the fair market rent for the apartment. This amount was less than the legal regulated rent. The court ruled against tenant. Landlord was entitled to charge the legal regulated rent.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant's lease gave tenant a discount in rent if paid before the fifth day of the month. Otherwise, tenant was required to pay the legal regulated rent. Tenant had recently renewed his lease for one year, and no discount option was offered. Tenant argued that landlord shouldn't be able to charge more than the fair market rent for the apartment. This amount was less than the legal regulated rent. The court ruled against tenant. Landlord was entitled to charge the legal regulated rent.

190 Washington Ave. Assoc., Inc. Velasquez: NYLJ, 12/28/05, p. 20, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)

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