No Proof Month-to-Month Tenant Paid Preferential Rent on Base Date

Tenant complained of a rent overcharge. She said that landlord improperly changed her last lease to indicate that her legal regulated rent was a preferential rent and then offered a renewal lease reflecting a higher base rent than what she was charged. Landlord claimed that tenant paid a preferential rent on the base date in September 2004. At that time tenant was month-to-month and had no written lease. The DRA ruled for tenant. Landlord appealed and lost. Since tenant had no written lease on the 2004 base rent date and was paying $550 per month at the time, this was the base rent and there was no “previously established” preferential rent. Rent registrations for 2004 and 2005 indicating a legal regulated rent and a lower preferential rent didn’t prove there was a preferential rent.

Ezra/3 Quincy Corp.: DHCR Adm. Rev. Docket No. XL210015RO (4/16/10) [3-pg. doc.]