Preferential Rent Limited to First Lease

LVT Number: 15102

Facts: Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant and landlord signed a settlement agreement in court by which tenant agreed to pay $2,200 in back rent. Tenant then got an attorney and asked the court to vacate the settlement agreement. Landlord had given tenant a preferential rent under her first lease and her first renewal lease. Landlord then charged tenant the full, legal rent under the next renewal. Tenant claimed that the preferential rent should have continued under her second renewal lease. Court: Tenant loses.

Facts: Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant and landlord signed a settlement agreement in court by which tenant agreed to pay $2,200 in back rent. Tenant then got an attorney and asked the court to vacate the settlement agreement. Landlord had given tenant a preferential rent under her first lease and her first renewal lease. Landlord then charged tenant the full, legal rent under the next renewal. Tenant claimed that the preferential rent should have continued under her second renewal lease. Court: Tenant loses. Landlord wasn't required to continue the preferential rent under tenant's next renewal lease. An appeals court had recently ruled that the Rent Stabilization Code didn't require that preferential rents continue until a tenant moved out.

782 PPS Corp. v. Rodriguez: NYLJ, 6/6/01, p. 22, col. 4 (Civ. Ct. Bronx; Heymann, J)