Posted by me on September 19, 2001 at 02:26:51:
In Reply to: Stabilized apt vacancy: 2 amounts on lease, which can he charge? posted by Maggie on September 10, 2001 at 11:26:11:
I've researched this issue thoroughly, as it affects me personally. The short answer is--on vacancy, yes, he can definitely charge the legal rent. But on renewal--not necessarily. The court rulings have conflicted. If there is no separate agreement in the original lease saying "this is just temporary," the LL probably has to charge the lower rent.
This is not settled, however.
: The lease says the rent for the apartment is $915.00 a month, which is what the occupants pay, however, the "Legal Rent" says $1,086.00. The PREF box is checked off to explain the differential.
: My question is: If those folks move out, can the LL charge the Legal Rent or does he have to use what he actually charged them and add on the vacancy allowance, etc. I ask because there may be a vacancy in the building soon and we may want to switch into it and are curious about what he can charge.
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