Landlord Claims Tenant Paid Preferential Rent

Tenant complained of a rent overcharge. She also claimed that landlord's most recent renewal lease offer was improper. Tenant said that landlord offered her a renewal lease based on a higher base rent than what she paid. Tenant said that she had no preferential rent agreement but that her legal regulated rent was set at $535 by a 1995 settlement agreement in housing court. The DRA combined tenant's complaints and ruled for tenant based on landlord's failure to respond. Landlord appealed, claiming that it had filed an answer and that tenant paid a preferential rent before her latest renewal lease offer. The DHCR ruled for landlord and sent the case back to let landlord make its claim and present tenant's base date lease. Tenant had submitted copies of later 2003 and 2005 renewal leases that listed both lower collectible rents and higher legal regulated rents. The lower rent was listed in the 2003 lease as a preferential rent.

Broadway Portfolio I Owner LLC: DHCR Adm. Rev. Docket No. WD410004RO (7/10/08)[2-pg. doc.]