Landlord Didn't Offer Rent-Stabilized Tenant a Proper Renewal Lease

November 27, 2018

LVT Number: #29764

Landlord sued to evict rent-stabilized tenant for failing to sign an offered renewal lease. Tenant asked the court to dismiss the case. He claimed that the renewal lease was improper because his rent was $1,200 per month and the renewal lease landlord sent contained a 20 percent rent increase instead of offering 1.25 percent and 2 percent rent guideline increases then in effect. The court ruled for tenant and dismissed the case. Landlord claimed that tenant's legal rent was $1,445.54 and that $1,200 was a preferential rent.

Landlord sued to evict rent-stabilized tenant for failing to sign an offered renewal lease. Tenant asked the court to dismiss the case. He claimed that the renewal lease was improper because his rent was $1,200 per month and the renewal lease landlord sent contained a 20 percent rent increase instead of offering 1.25 percent and 2 percent rent guideline increases then in effect. The court ruled for tenant and dismissed the case. Landlord claimed that tenant's legal rent was $1,445.54 and that $1,200 was a preferential rent. But there was no language in tenant's lease or lease rider identifying $1,200 as a preferential rent. And the prior rent wasn't registered with the DHCR.

89-21 153 LLC v. Islam: Index No. 60413/18, NYLJ No. 1539680455 (Civ. Ct. Queens; 10/3/18; Kullas, J)

Topics

More like this