No Preferential Rent Where Vacancy Lease States Only One Rent

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge because tenant paid a preferential rent less than the legal regulated rent. Tenant appealed. She claimed she had no preferential rent agreement and landlord improperly registered a higher legal rent than the rent charged tenant. The DHCR ruled for tenant, in part. Review of tenant's vacancy lease showed that the lease was labeled "preferential." But the lease didn't set forth both the legal regulated rent and the preferential rent. It merely stated a monthly rent of $975. So there was no preferential rent. However, because tenant paid no more than this amount on the base date, there was no overcharge.

Fukelman: DHCR Adm. Rev. Docket No. VD410069RT (7/19/07) [3-pg. doc.]