Landlord Properly Discontinued Preferential Rent

Rent-stabilized tenant complained of improper lease renewal. The DRA ruled against tenant, who appealed and lost. Tenant claimed that he was entitled to maintain a preferential rent throughout his tenancy. But tenant's initial lease didn't state that the preferential rent would continue upon lease renewal. And renewal leases signed within the four-year look-back period contained a clause stating that the preferential rent was only for the 12 months of the lease. Tenant also complained of rent overcharge, claiming that a 1998 vacancy increase was improper. But the base rent date for tenant's complaint was Jan. 12, 2008. And there were no grounds for tenant's claim of fraud by landlord. In 1998, landlord claimed that tenant wasn't entitled to succession rights and gave tenant a vacancy lease. This wasn't necessarily fraudulent. The four-year rule applied to this case.

Kovach: DHCR Adm. Rev. Docket No. BX410019RT (10/23/14) [5-pg. doc.]