Landlord Failed to Preserve Proof of Preferential Rent

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled for tenant but found no willful overcharge and ordered landlord to refund $3,553, including interest. The DRA set the base date rent at $1,225, which was the rent collected on that date. The DRA also found that landlord had failed to preserve any preferential rent. Landlord appealed and lost. Landlord claimed that the base date rent was $2,769 and that tenant paid a preferential rent. The higher rent was registered with the DHCR in 2011. But the DHCR found that the DRA correctly applied Rent Stabilization Code Section 2521.2 as amended in 2014 and that this caused no undue hardship to landlord. [Download PDF of decision here.]

West 147 and 150 LLC: DHCR Adm. Rev. Docket No. FN410038RO (9/29/17) [6-pg. doc.]