Tenant Group Can't Challenge Preferential Rent Law

LVT Number: #23803

Tenant organization sued the state, claiming that Rent Stabilization Law Section 26-511(c)(14) was unconstitutional because it interfered with the contractual rights of tenants who had preferential rent riders in place in their rent-stabilized leases before the law was amended in 2003. The amended law allowed landlords to discontinue preferential rents upon lease renewal. The court ruled against the tenant group and dismissed the case. The group didn't represent any individual tenant who claimed a grievance under the law.

Tenant organization sued the state, claiming that Rent Stabilization Law Section 26-511(c)(14) was unconstitutional because it interfered with the contractual rights of tenants who had preferential rent riders in place in their rent-stabilized leases before the law was amended in 2003. The amended law allowed landlords to discontinue preferential rents upon lease renewal. The court ruled against the tenant group and dismissed the case. The group didn't represent any individual tenant who claimed a grievance under the law. And if any tenant believed he or she had a right to a renewal lease at a preferential rent, they could take legal action in court or before the DHCR. There was no proof supporting any constitutional claim or denial of due process.

Queens League of United Tenants, Inc. v. State of New York: Index No. 107146/2010, NYLJ No. 1202534235125 (Sup. Ct. NY; 11/4/11; Gische, J)