No Base Date Proof of Preferential Rent

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant in part, but did not find that landlord discontinued a prior preferential rent. Tenant appealed and lost. The apartment was vacant on the base date, and the DHCR can't examine the rent history prior to the base date. Tenant moved in after the base-date vacancy, so the rent collected from him became the apartment's legal regulated rent. There was no preferential rent.

Abrahamson/Kew Gardens BAP, LLC: DHCR Adm. Rev. Docket Nos. XK110018RT, YA110010RO (5/19/10) [4-pg. doc.]