No Proof of Preferential Rent

January 1, 2007

LVT Number: 19356

Tenant complained of a rent overcharge. When she moved into the apartment in 2002, landlord charged her $537 per month. When landlord renewed tenant's lease in 2004, he increased her rent to $650. Tenant claimed that the legal rent was $612. Landlord claimed that tenant's legal rent had been $900 when she moved in, but that he gave tenant a preferential rent. Landlord also argued that he didn't have to continue the preferential rent under Rent Stabilization Code Section 2521.2. The DRA ruled against tenant and dismissed her complaint. Tenant appealed and won.

Tenant complained of a rent overcharge. When she moved into the apartment in 2002, landlord charged her $537 per month. When landlord renewed tenant's lease in 2004, he increased her rent to $650. Tenant claimed that the legal rent was $612. Landlord claimed that tenant's legal rent had been $900 when she moved in, but that he gave tenant a preferential rent. Landlord also argued that he didn't have to continue the preferential rent under Rent Stabilization Code Section 2521.2. The DRA ruled against tenant and dismissed her complaint. Tenant appealed and won. The DHCR said there was no preferential rent agreement attached to tenant's first lease. Annual rent registration statements are not sufficient proof of preferential rent. Landlord must refund a total overcharge of $975, including interest.

Torres: DHCR Adm. Rev. Docket No. UH610073RT (11/1/06) [4-pg. doc.]

Downloads

UH610073RT.pdf188.03 KB

Topics

More like this