Landlord Can Discontinue Preferential Rent

LVT Number: 19153

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant had previously paid a preferential rent, but landlord didn't offer tenant a preferential rent with the most recent lease renewal. Tenant claimed that this was an overcharge. However, landlord was allowed to discontinue the preferential rent under Rent Stabilization Law Section 26-511(c)(14). Landlord legally charged tenant a renewal increase based on the prior legal regulated rent, which was higher than the preferential rent.

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant had previously paid a preferential rent, but landlord didn't offer tenant a preferential rent with the most recent lease renewal. Tenant claimed that this was an overcharge. However, landlord was allowed to discontinue the preferential rent under Rent Stabilization Law Section 26-511(c)(14). Landlord legally charged tenant a renewal increase based on the prior legal regulated rent, which was higher than the preferential rent.

Morillo: DHCR Adm. Rev. Docket No. UE410049RT 7/12/06 [3-pg. doc.]

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