Base Date Rent Reduced to Preferential Rent

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,454.74, including interest. Landlord appealed and lost. For the first time on appeal, landlord submitted a pre-base date lease documenting that the rent tenant paid on the base rent date was a preferential rent. But landlord didn't submit that document to the DRA and didn't explain why it was submitting the document for the first time on appeal. The DHCR couldn't consider additional proof for the first time on appeal. Landlord failed to prove that it was entitled to a base date rent that was more than what it collected from tenant.

146th Apartments LLC: DHCR Adm. Rev. Docket No. GO410010RO (1/24/19) [4-pg. doc.]