Landlord-tenant (rent stabilization)
Rent concession spread over a lease treated as a preferential rent
123 On the Park LLC v. Decicco-Ting (2024 NY Slip Op 24295) · Nov. 17, 2024
Wrote the opinion as the judge in the Civil Court of the City of New York, Kings County.
Ruled that the landlord's rent concession, spread evenly over the whole lease term rather than tied to rent-free months, was the legal equivalent of a preferential rent.
What this tells you
Published in the state's official law reports.
Case context & history
The question: A landlord sued to take back a rent-stabilized Brooklyn apartment because the tenants had not signed a renewal lease. The tenants asked the court to dismiss the case, arguing the landlord had unlawfully ended their lower preferential rent and offered a renewal lease only at the full legal rent.
Outcome / stage: The tenants' motion to dismiss the landlord's case was granted.
The ruling relied on an earlier version of a rent-regulation fact sheet (Fact Sheet #40) saying a concession spread over the whole lease is treated as a preferential rent, and distinguished a 2023 appellate case involving two rent-free months.
Subsequent history: No appellate decision reviewing this ruling was found on CourtListener as of Sept. 27, 2026.
