Rosenshein v. Heyman – Case Brief Summary (New York)

In Rosenshein v. Heyman, 18 Misc 3d 109, 854 N.Y.S.2d 835, 2007 NY Slip Op 27536 [App Term, 2d Dept, 2d and 11th Jud Dists 2007] neither the original lease, nor the first renewal, attached a preferential rent rider.

The second renewal included a preferential rent rider providing that preferential rent would be charged for the length of the tenant's occupancy.

Nine years later, the landlord advised the tenant that it was discontinuing the preferential rent, claiming that this was its right under the 2003 amendment, and offered to renew tenant's lease at the claimed legal regulated rent.

The court found for the tenant on the basis that, where parties had agreed that a preferential rent would last for the life of the tenancy, the 2003 amendment was not intended to and does not abrogate the agreement of the parties.