Landlord Didn't Prove Tenant Was Charged Preferential Rent

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,750, including triple damages. Landlord appealed, claiming that there was no willful overcharge. The DHCR ruled against landlord. Landlord claimed that it had previously charged tenant a preferential rent and pointed to annual rent registrations as proof. But landlord had amended the registrations shortly after tenant filed his complaint to eliminate the legal and preferential rents. The amended registrations contained rent figures that didn't match either the lower or higher rents in the prior registrations. Landlord failed to prove there was no willful overcharge.

KDS Associates, Inc.: DHCR Adm. Rev. Docket No. YL110038RO (9/15/11) [2-pg. doc.]