No Proof Tenant Paid Preferential Rent

Nassau County tenant complained that landlord didn't offer her a renewal lease on the same terms as her initial lease. Tenant paid $1,150 per month under her first lease starting on April 1, 2007. Landlord's renewal lease offer stated that tenant paid $1,178.88 under her first lease. Landlord claimed that tenant paid a preferential rent under her initial lease. Landlord pointed to prior rent registrations for prior tenants between 2004 and 2006. Landlord also registered tenant's April 1, 2007, legal regulated rent as $1,427.92 and preferential rent as $1,150. The DRA ruled for tenant. Tenant's initial lease stated only that tenant's rent was $1,150. Landlord appealed, relying on the apartment registration forms to prove preferential rent. The DHCR ruled against landlord. Tenant Protection Regulation Section 2501.2(b)(1) states that the legal regulated rent and preferential rent can be proved by vacancy lease or renewal lease documents. Apartment registration forms didn't prove the rent. Landlord was given the chance to submit copies of tenant's leases to show if there was any preferential rent rider, but failed to respond. Landlord must offer tenant a proper renewal lease and give tenant 60 days to respond.

Dorchester, LLC: DHCR Adm. Rev. Docket No. WE710023RO (7/30/08) [4-pg. doc.]