Landlord Can End Preferential Rent upon Renewal

LVT Number: 18104

Tenant complained of a rent overcharge when landlord renewed his lease. Landlord said that it based the renewal rent on the last legal rent, not on preferential rent charged tenant under prior lease. Tenant claimed that his last rent wasn't preferential. The DRA ruled for tenant. Landlord appealed and won. Tenant's last lease rider stated that tenant would pay $612 per month ''only for the duration of this lease.'' And landlord registered both the legal and preferential rents. Landlord was entitled to charge the full legal rent upon renewal.

Tenant complained of a rent overcharge when landlord renewed his lease. Landlord said that it based the renewal rent on the last legal rent, not on preferential rent charged tenant under prior lease. Tenant claimed that his last rent wasn't preferential. The DRA ruled for tenant. Landlord appealed and won. Tenant's last lease rider stated that tenant would pay $612 per month ''only for the duration of this lease.'' And landlord registered both the legal and preferential rents. Landlord was entitled to charge the full legal rent upon renewal.

Zeli Realty Corp.: DHCR Adm. Rev. Dckt. No. SJ910038RO (2/23/05) [3-pg. doc.]

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