Landlord Can Discontinue Preferential Rent upon Lease Renewal

Tenant complained that landlord offered her an improper rent-stabilized renewal lease. Landlord discontinued tenant's preferential rent with the renewal lease offer. Landlord argued that it could do so under a 2003 amendment to the Rent Stabilization Law. Tenant claimed that her initial 1981 lease agreement should override the law because it called for continuation of the preferential rent for her entire tenancy. The DRA ruled for landlord. Tenant appealed and lost. The DHCR can't examine rent history records dating back more than four years before tenant files an overcharge complaint. Since tenant's lease renewal complaint concerns a rent overcharge, the same rule applies. So the DHCR couldn't consider tenant's prior agreement with landlord in making its determination.

Rodriguez: DHCR Adm. Rev. Docket No. UC410057RT (9/19/06) [4-pg. doc.]