Landlord Not Required to Continue Preferential Rent

LVT Number: #29829

Tenant complained that landlord refused to renew her rent-stabilized lease on the same terms and conditions as her expiring lease. Tenant claimed that landlord offered a renewal lease at a monthly rent of $1,998 although her prior rent was $1,100. The DRA ruled against tenant, who appealed and lost. Tenant signed a preferential rent rider with her vacancy lease, which put her on notice that the $1,050 paid under that lease was a preferential rent. The DHCR Rider (Form RA-LR1) attached to tenant's vacancy lease also indicated that the prior tenant's last legal regulated rent was $1,596 and that tenant was paying a 20 percent vacancy increase. This brought tenant's initial legal regulated rent up to $1,916. Tenant's initial lease therefore notified tenant that the initial rent paid was a preferential rent, which landlord wasn't required to continue upon lease renewal. [Download PDF of decision here.]

Toussaint: DHCR Adm. Rev. Docket No. GN210019RT (10/11/18) [3-pg. doc.]