Landlord Continued to Accept Preferential Rent Payments

June 25, 2018

LVT Number: #28455

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant had no current renewal lease and claimed that she had paid a preferential rent. Landlord was claiming that a higher legal rent was due and said it had the right to terminate the preferential rent. The court ruled for tenant and dismissed the case. Landlord couldn't maintain a nonpayment proceeding based on the legal regulated rent when there was no agreement for payment of that amount and it had continued to accept payments at the prior rental rate.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant had no current renewal lease and claimed that she had paid a preferential rent. Landlord was claiming that a higher legal rent was due and said it had the right to terminate the preferential rent. The court ruled for tenant and dismissed the case. Landlord couldn't maintain a nonpayment proceeding based on the legal regulated rent when there was no agreement for payment of that amount and it had continued to accept payments at the prior rental rate.

Cent. Harlem MHA HDFC v. Huff: Index No. 58759/17, NYLJ No. 1526103566 (Civ. Ct. NY; 4/24/18; Marin, J)

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