No Proof Base Date Rent Was Preferential

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $75, including triple damages. Landlord appealed, claiming that it charged tenant a preferential rent under the latest lease renewal, and so tenant was paying less than the legal regulated rent. The DHCR ruled against landlord. Landlord charged and collected from tenant $900 per month on the base date under a vacancy lease. Landlord admitted that the vacancy lease contained no preferential rent rider or other statement of preferential rent. And there was no other proof of a previously established legal regulated rent during the four years since the base date.

2028 Realty, LLC: DHCR Adm. Rev. Dckt. No. TF610054RO (11/4/05) [4-pg. doc.]