preferred rent to the maximum legally collectable rent

[sbk]

I was paying preferred rent and landlord would like to raise it 65% to the maximum legally collectable rent. In the original lease,there is not statement that you can change the preferred to the legal rent at any time.

Any input would be help full

<small>[ April 29, 2002, 02:11 PM: Message edited by: sbk ]</small>

[Lilly]

I assume you are rent regulated? Then your lease should state that the rent you were paying was a preferred rent. In the standard rent stabilized lease there are boxes in which the LL writes what the legal regulated rent is, and another box which asks if a lower rent is to be paid, and yet another box which asks the reason for the lower rent. What does your lease say? Did you ever receive the annual registration form from the LL?
It simply states what rent amount the LL registered the rent for-this would be done thru DHCR.

[sbk]

Yes I am rent regulated. The original lease (7/94) says monthly rent is X. That is it. Later, I got the annual registration form that had that info on it.

<small>[ April 30, 2002, 03:07 PM: Message edited by: sbk ]</small>

[Phil Cohen]

A court ruling gives landlord ability to do that. Please review archived posts. HOWEVER, my recollection is that there has to be a written agreement that makes the preferred rent conditional.
My suggestion is that you write the landlord a letter saying the lease he offered you is not on the same terms as the old lease. If he won't fix it, complain to the DHCR (failure to provide proper lease). Pay whatever rent he charges but proceed with an overcharge complaint--treble damages and attorney fees possible. Doing that in court is best.

[lappert]

But make sure you're on solid ground. There used to be a DHCR policy that if the LL charged you lower than the legal rent, it remained so for the duration of your tenancy. I hear they are doing away with that -- and it may be a separate issue than preferential.

[sbk]

The thing I'm not sure of is the original lease and 1st renewal was signed by the 7A administer. The next 2 renewals were by the LL when he got the building back from the city.

[broadwayblue]

as long as the preferential rent you agreed to in the first lease was not listed as "limited to first lease" your LL must continue to base all guidelines increases off of the lower "preferential" rent until you vacate.