Landlord Didn't Prove Prior Rent Charged Was Preferential Rent

Tenant complained of a rent overcharge. The DRA ruled for tenant and reduced her rent. Tenant's initial rent was over $2,000 per month. Prior rent-stabilized tenant's monthly rent was only $1,500. Landlord appealed, claiming that prior tenant was charged a preferential rent. Landlord claimed that prior legal rent was $1,600 and that after adding increases for apartment improvements, tenant's legal rent was over $2,000. The DHCR ruled against landlord. Landlord made this claim to the DRA but didn't submit any preferential lease rider or other proof of preferential rent. Landlord submitted a preferential lease rider with its PAR but didn't explain why it wasn't submitted to the DRA. Landlord also didn't provide such a lease rider with prior tenant's renewal lease.

Siba R.E. LP: DHCR Admin. Rev. Dckt. No. QF410055RO (12/3/02) [3-pg. doc.]