Landlord Didn't Prove Lease Listed Both Legal Regulated Rent and Preferential Rent

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $10,829, including triple damages. The overcharge finding was based on landlord's failure to prove that tenant's vacancy lease included a preferential rent rider. Therefore, the rent charged was found to be the legal regulated rent. Landlord appealed and lost. Landlord didn't submit a copy of tenant's vacancy lease to the DRA. Tenant did submit a copy of her vacancy lease and questioned the landlord's notation on that lease that said "see preferential rent rider." Tenant claimed that no preferential rent rider was attached to her vacancy lease, and landlord never rebutted this claim before the DRA. So tenant's vacancy rent was properly reduced to the rent that was collected.

Fairmount Realty LLC: DHCR Adm. Rev. Docket No. GQ610038RO (4/25/19) [3-pg. doc.]