Posted by JJ on June 11, 2001 at 00:57:31:
In Reply to: What does it mean? posted by pascal on June 07, 2001 at 22:57:57:
: Thanks for posting this. But man, I'm having a heck of a time figuring out what this case means for me.
: I rented my apartment since 1991. It was at a preferential rent and has remained such, with increases, since then. Can the landlord now use the higher "legal rent"?
wait to read the summary and comments in tenant.net housing court decisions next week. preferential rent has always meant until a vacancy lease. this is only a housing court case in the Bronx, so no other judge has to rule the same way in other hc cases (but some might...) it will probably be appealed and hopefully overturned.
this one judge thinks DHCR's words are ambiguous, but thousands of landlords and tenants and DHCR have had little ot no problems with the words for decades...
""The phrase, "upon vacancy of the tenant who pays a preferential rent" ambiguously
gives the impression that until a tenant who pays a preferential rent vacates, such
preferential rent continues to exist for that tenant.""
the problem here might be that the landlord failed to file a PROPER (i.e. accurate) registration with DHCR: it's supposed to list both the higher legal rent and the lower pref rent and clearly state that it is a pref rent.
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