Landlord Must Continue Charging Lower Rent to Ex-Super

Tenant complained of a rent overcharge. He was previously the building super. When he was no longer the super, landlord charged him $540 per month. Landlord claimed that the apartment was exempt while tenant was the super, so the rent charged was the first rent, not subject to challenge. The DRA ruled against tenant and found no overcharge. Tenant appealed. Tenant showed that while he was the super, he paid rent in the amount of $120 per month. The DHCR ruled for tenant. Since tenant paid some rent while he was the super, his apartment remained rent stabilized. And since there was no proof that this amount was a preferential rent, the legal base rent was $120, and any rent increases must be calculated over that amount. The total overcharge, with interest, was $9,600.

Melendez: DHCR Adm. Rev. Dckt. No. OF210088RT (7/20/01) [3-pg. doc.]