Landlord Can Charge Regulated Rent Instead of Preferential Rent

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $600. Landlord appealed, claiming that it hadn’t waived the right to collect the legal regulated rent upon lease renewal by accepting a lower, preferential rent under tenant’s initial lease. The DHCR ruled for landlord in part. Under tenant’s initial lease, the legal rent was $1,250 and the preferential rent was $1,081. Landlord was entitled to renew the lease at the legal rent. Nothing in tenant's lease required continuation of the preferential rent.

Renissance Equity Holding LLC: DHCR Adm. Rev. Docket No. VI210055RO (12/20/07) [2-pg. doc.]