Case Type
Holdover
Holdover Type
Lease Expiration
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT 74208/19
Petitioner
West Side Marquis LLC
Respondent
BRENDA DE JOURDAN, EVELYN DE JOURDAN, ELAN DE JOURDAN, "JOHN DOE" & "JANE DOE"
Judge
Chinea, Daniele
Decision/Order Date
2022-08-05
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant, Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In short, the issue is if a successor to a rent stabilized apartment is also entitled to the previous chargeable rent (“preferential rent”) or the legal regulated rent. This case involved a complicated agreement (“WSM Agreement”) that was structured when the subject premises came out of the Mitchell-Lama program. Tenants were to pay a lower “preferential” rent called an Adjustable Collectible Rent (""ACR""). However, the tenants agreed that ""successors shall have no right to pay the ACR or any rent other than the LRR for any apartment at the time of succession"", unless they met a very narrow exception.
HSTPA passed in 2019 and effectively made preferential rents permanent. Judge Chinea ruled that the HSTPA invalidated the clause in the WSM Agreement and successors are entitled to the preferential rent.
Recommended Citation
"West Side Marquis LLC v. DeJourdan" (2022). All Decisions. 503.
https://ir.lawnet.fordham.edu/housing_court_all/503
