Landlord Can Discontinue Preferential Rent

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant claimed that in 1999 landlord charged monthly rent of $147 and didn't tell her this was a preferential rent. Tenant's later leases listed both legal regulated and preferential rents. But a 1995 HPD Regulatory Agreement set a legal and preferential rent for the apartment. Landlord was entitled under RSC Section 2521.2(a) and the lease terms to discontinue the preferential rent and charge the legal rent upon lease renewal. There was no overcharge.

Bonano: DHCR Adm. Rev. Docket No. CT210023RT (2/12/15) [4-pg. doc.]