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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Of these components, only the first was present here, in that the landlord set the legal regulated rent at $1,650. The second component was not present, since tenant did not agree to pay that amount; rather, the tenant agreed to pay only $650 per month, plus Rent Guideline Board increases on that amount, for the duration of his tenancy. The landlord's agreement to that preferential rent for the tenant's entire tenancy caused the tenant to have no incentive to challenge the legal regulated rent. But the 2000 stipulation [*4]went beyond just removing the tenant's incentive to exercise his statutory right. Rather, in the 2000 stipulation, the tenant affirmatively agreed not to exercise his right to challenge the rent through a FMRA, thus removing the crucial third component for properly setting the initial legal regulated rent.

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