Landlord Didn't Register Lower Rent as Preferential

LVT Number: 10875

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed, claiming that he could charge tenant a rent higher than the sum of prior tenant's rent plus vacancy and guidelines increases because prior tenant paid a preferential rent. The DHCR ruled against landlord. Landlord waived any right to charge new tenant a higher rent because the supposed preferential rent wasn't registered as such on landlord's annual rent registration forms.

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed, claiming that he could charge tenant a rent higher than the sum of prior tenant's rent plus vacancy and guidelines increases because prior tenant paid a preferential rent. The DHCR ruled against landlord. Landlord waived any right to charge new tenant a higher rent because the supposed preferential rent wasn't registered as such on landlord's annual rent registration forms.

Foster Apt. Group: DHCR Admin. Rev. Dckt. No. HJ210056RO (3/18/96) [5-page document]

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