Landlord Didn't Prove Prior Tenant Paid Preferential Rent

Tenant complained of a rent overcharge. Landlord claimed that prior tenant paid $465 and there was no overcharge. The DRA ruled for tenant and found that prior tenant's rent was $290. Landlord appealed, claiming that prior tenant's actual rent was $465 but that he paid a preferential rent of $290 during part of his tenancy while serving as the building's super. The DHCR ruled against landlord. Landlord submitted no proof of his preferential rent claim. The fact that landlord's managing agent had died was no excuse for not producing records.

Bijur: DHCR Adm. Rev. Dckt. No. IJ210102RO (12/13/96) [2-page document]