Four-Year Rule Applies to Landlord's Preferential Rent Claim

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord was barred from increasing tenant's rent while tenant had no written lease. The rent also was frozen based on landlord's failure to register the apartment on time. The DRA found a willful overcharge and ordered landlord to refund triple damages. Landlord appealed, claiming that he charged tenant a preferential rent, and that an examination of rent history records before the base date would prove this. The DHCR ruled against landlord. Since there was no lease stating that tenant was receiving a preferential rent, tenant's rent couldn't be deemed preferential. And apartment renovation work that landlord claimed was done before the base date couldn't be considered.

Ellis: DHCR Adm. Rev. Dckt. No. TG210038RO (10/7/05) [5-pg. doc.]