Landlord Didn't Preserve Higher Legal Rent in Vacancy Lease

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that landlord failed to preserve the higher legal regulated rent in tenant's vacancy lease, resulting in a rent overcharge. Landlord appealed and lost. Landlord charged tenant $1,150 per month in his April 2013 vacancy lease. Landlord claimed that this was a preferential rent. But there was no statement that this rent was preferential within the lease document, and there was no preferential rent rider attached to the lease. Landlord also improperly issued a new vacancy lease at an increased rental amount to tenant when tenant's spouse joined tenant in the apartment during the term of the initial vacancy lease. 

Hillside Park 168, LLC: DHCR Adm. Rev. Docket No. FV110012RO (6/1/18) [3-pg. doc.]