Tenant Can't Forfeit Rent Discount

March 1, 1993

LVT Number: 6786

Landlord sued to evict tenant for nonpayment of rent. Tenant's lease provided for a discounted rent so that tenant's rent would be within the maximum paid for by the Department of Social Services (DSS). Tenant's lease also stated that if either landlord or tenant brought a legal action, the discount would be forfeited. The DSS subsequently didn't pay tenant's rent on time. Landlord sued tenant for the full non-discounted rent. The trial court and appeals court dismissed landlord's petition.

Landlord sued to evict tenant for nonpayment of rent. Tenant's lease provided for a discounted rent so that tenant's rent would be within the maximum paid for by the Department of Social Services (DSS). Tenant's lease also stated that if either landlord or tenant brought a legal action, the discount would be forfeited. The DSS subsequently didn't pay tenant's rent on time. Landlord sued tenant for the full non-discounted rent. The trial court and appeals court dismissed landlord's petition. The lease clause forfeiting the discount improperly violated tenant's rights under the rent stabilization code.

[Blecher v. Colletti: NYLJ, p. 29, col. 6 (2/4/93) (App. T. 2 Dept.; Aronin, JP, Joy, Scholnick, JJ)].

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