Hello new member posting after researching my defense for housing court.
Moved into a stabilized multi apartment building in BK Jan 1 2021 with a legal rent of $2537. Was offered 3 months free, spread across the duration of the 1 year lease making monthly due $1902.75. This was in a rider, listed as "one time discount".
Landlord has made many errors in this situation and I feel pretty ok going into this.
1 - LL did not offer a new lease until over 90 days AFTER the lease had ended
2 - LL failed to preserve the discount as a preferential rate (this is grey to me still)
3 - LL payment portal requested $1902.75 on Jan 1 2022 - the first month of the new term. I paid this amount and it has been accepted as the amount due by the LL. I continued to pay this preferential rate monthly.
4 - LL showed up at my apt in March 2022 demanding i signed the lease. I refused due to the amount, and was told I would have to pay back the amount owed to them.
5 - LL gave up on 2022 lease, arguing I owed the full amount monthly and sending harassing 'outstanding balance' emails monthly
There is more but the real issue that I believe is important for this forum, is point 2. Are there any decisions reflecting that a discounted rate, given across the duration of a lease, is considered to be a Preferential rate?
I emailed the TPU, they called it "an illegal ontime discount" but there was no wording about on time in my lease. The TPU said to the effect, the discount was NOT properly preserved in the new lease, and paid rent becomes legal rent.
Any help would be great, but I do need to submit my defense to the court this week.
thanks