Posted by New York Tenant on July 25, 2001 at 07:52:15:
In Reply to: Re: Preferential vs. actual rent -- after that appellate decision posted by chelsea on July 25, 2001 at 07:39:16:
In the Missionary Sisters case, DHCR took the position that the preferential rent should be continued. In reading the decision of the Appellate Division, First Department, it looks like DHCR vigorously defended its position, and I would expect DHCR to continue to defend its position if the case goes to the Court of Appeals.
The Missionary Sisters case applies only in Manhattan and the Bronx. If I were a tenant in any borough, I would refuse to sign a renewal lease based on the legal maximum rent, and would file a complaint with DHCR.
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