Landlord Didn't Prove Successor Tenant Got Preferential Rent

June 30, 2009

LVT Number: #22023

Tenant, who took over rent-stabilized apartment after his mother moved out, complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge. Landlord appealed. Although no overcharge was found, landlord argued that the DRA's order was incorrect. Landlord claimed that tenant paid a preferential rent of $828, but that the legal regulated rent was $1,300. The DHCR ruled against landlord. Prior tenant paid a preferential rent. But landlord's preferential rent agreement applied to prior tenant only.

Tenant, who took over rent-stabilized apartment after his mother moved out, complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge. Landlord appealed. Although no overcharge was found, landlord argued that the DRA's order was incorrect. Landlord claimed that tenant paid a preferential rent of $828, but that the legal regulated rent was $1,300. The DHCR ruled against landlord. Prior tenant paid a preferential rent. But landlord's preferential rent agreement applied to prior tenant only. None of the renewal leases given to successor tenant contained a preferential rent agreement. So the rent listed on tenant's renewal leases was the legal regulated rent.

95 Jerusalem Avenue: DHCR Adm. Rev. Docket No. WK710014RO (4/23/09) [4-pg. doc.]

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