Landlord Continued to Accept Preferential Rent Payments

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.

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