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Posted by Anna on December 27, 1999 at 20:52:24:

In Reply to: Landlord is trying to back out of renewal lease posted by Stephanie on December 27, 1999 at 13:04:09:

: In September, I signed a renewal lease for my Brooklyn, NY rent-stabilized apartment. Attached to the lease renewal was a "Preferential Rent Agreement" which offered me a lower rent than what I'd been paying, plus a 2% increase for next year. Last week, I received a call from my landlord's office telling me that it was a mistake, and I now have to pay the higher rent. My original lease expires on Friday. My renewal is signed by both myself and the landlord. Can they do this?

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The renewal lease is a contract, he must abide by the terms HE wrote.

Is the preferential rent rider signed or initialed also? If not, he might claim he never attached it.

Suggest you take the lease and rider to a Tenant Clinic and have someone look at them. Also, you should consider having a tenant lawyer look at it and write him a letter: this would cost $150-200, probably less than your discount.

Also: he might sue you for eviction for non-payment of rent if you pay only the preferential rent (which is what you should do), then an honest Housing Court judge would uphold the lower rent, but don't count on it.

Suggest you also call DHCR and request a Rent History on your apt: many tenants are surprised to find big unauthorized increases in rent just before they moved in. Suggest you also read their fact sheet on preferential rent here on TenantNet, on their own website, or on the RGB website.

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Comments:
: : In September, I signed a renewal lease for my Brooklyn, NY rent-stabilized apartment.  Attached to the lease renewal was a "Preferential Rent Agreement" which offered me a lower rent than what I'd been paying, plus a 2% increase for next year.  Last week, I received a call from my landlord's office telling me that it was a mistake, and I now have to pay the higher rent.  My original lease expires on Friday.  My renewal is signed by both myself and the landlord.  Can they do this?

: ****************
: The renewal lease is a contract, he must abide by the terms HE wrote.

: Is the preferential rent rider signed or initialed also?  If not, he might claim he never attached it.

: Suggest you take the lease and rider to a Tenant Clinic and have someone look at them.  Also, you should consider having a tenant lawyer look at it and write him a letter: this would cost $150-200, probably less than your discount.

: Also: he might sue you for eviction for non-payment of rent if you pay only the preferential rent (which is what you should do), then an honest Housing Court judge would uphold the lower rent, but don't count on it.

: Suggest you also call DHCR and request a Rent History on your apt: many tenants are surprised to find big unauthorized increases in rent just before they moved in.  Suggest you also read their fact sheet on preferential rent here on TenantNet, on their own website, or on the RGB website. 


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