No Acceptable Proof Base Date Rent Was Preferential

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed and lost. The DRA found that the March 27, 2005, base date rent was $810. Landlord claimed that this was a preferential rent, which could be proven by review of the prior tenant's 1999 lease. But, although landlord wasn't required to list both the preferential and legal regulated rents in every renewal lease, Rent Stabilization Code Section 2521.2 concerning preferential rents specifically barred the DHCR under the four-year rule from reviewing rent history records that predated the base rent date. Since the base date lease didn't indicate otherwise, that rent was properly determined to be the legal regulated base date rent.

Jahaca Acquisitions, LLC: DHCR Adm. Rev. Docket No. XK210045RO (7/18/12) [3-pg. doc.]