Liggett v. Lew Realty LLC, 180 N.Y.S.3d 115 (2022)

Citation: Liggett v. Lew Realty LLC, 180 N.Y.S.3d 115 (2022)
Parent Document: Liggett v. Lew Realty LLC, 180 N.Y.S.3d 115 (2022)
Jurisdiction: New York (state)
Effective Date: 2022-12-08
Original Source: https://www.courtlistener.com/opinion/9328646/liggett-v-lew-realty-llc/ ↗

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Inasmuch as no FMRA was timely filed, and the time to do so has expired, plaintiff is no longer able to challenge the $1,650 initial legal regulated rent defendant and McKinney agreed to in their so-ordered 2000 stipulation. Further arguments by plaintiff, that the actual legal rent eligible for board guideline increases is the preferential rent, not the legal rent, are unavailing. A preferential rent is the amount of rent charged to and paid by the tenant that is less than the legal regulated rent for the housing accommodation (9 NYCRR 2521.2). Here, despite the dissent's contention, the stipulation in the record clearly shows that both parties agreed [*3]that $650 was the preferential rent, but $1,650 was the legal rent that was subject to applicable guidelines increases and other increases authorized by law.[FN3] The stipulation, together with the lease and notice of initial rent, was then registered. And, the legal rent was registered and paid each year until the high rent vacancy threshold was reached.

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