Landlord Can Discontinue Temporary Preferential Rent Agreement

LVT Number: #22056

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that he had a preferential rent agreement and landlord incorrectly sought payment of the full legal regulated rent. The court ruled for tenant, finding no preferential rent. Tenant appealed and lost. Tenant’s lease rider stated that the rent concession was “temporary in nature and not intended as a preferential rent which continues throughout this tenancy.” So landlord properly discontinued the preferential rent upon lease renewal and resumed the legal regulated rent.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that he had a preferential rent agreement and landlord incorrectly sought payment of the full legal regulated rent. The court ruled for tenant, finding no preferential rent. Tenant appealed and lost. Tenant’s lease rider stated that the rent concession was “temporary in nature and not intended as a preferential rent which continues throughout this tenancy.” So landlord properly discontinued the preferential rent upon lease renewal and resumed the legal regulated rent.

Wellington Fee, LLC v. Cotter: NYLJ, 7/8/09, p. 35, col. 2 (App. T. 1 Dept.; McKeon, PJ, Heitler, Shulman, JJ)