Rosenshein v. Heyman

OPINION OF THE COURT

Memorandum.

Order affirmed without costs.

The primary issues in this nonpayment proceeding concern the proper interpretation of the parties’ preferential rent rider and the effect on the parties’ agreement of the 2003 amendment (L 2003, ch 82, § 6) to the Rent Stabilization Law of 1969 permitting an owner to discontinue a preferential rent upon a renewal or a vacancy lease. This amendment requires that the Rent Stabilization Code provide, inter alia,

“that where the amount of rent charged to and paid by the tenant is less than the legal regulated rent for the housing…