Landlord Didn't Prove Tenant Paid Preferential Rent

Rent-stabilized tenant complained of a rent overcharge when she received a renewal lease offer basing the renewal increase on a rent higher than what she paid. Landlord claimed that it was discontinuing tenant's preferential rent. Tenant claimed that she never paid a preferential rent. The DRA ruled for tenant and ordered landlord to refund $942, including triple damages. Landlord appealed and lost. The base date for deciding the case was April 7, 2004, four years before tenant filed her complaint. The lease in effect on that date didn't list any preferential and higher legal regulated rent. Although the first annual rent registration filed after the base date listed both a legal regulated rent and preferential rent as of April 1, 2005, this wasn't in effect on the base date and couldn't be considered proof of a preferential rent. And since the base date lease didn't list a preferential rent, the DHCR wouldn't consider other apartment rent registrations.

Lyvere Holdings, LLC: DHCR Adm. Rev. Docket No. XE610032RO (8/21/09) [5-pg. doc.]