Preferential Rent Agreement Signed over Four Years Ago

Tenant complained of a rent overcharge. Current landlord gave tenant a renewal lease, using the legal regulated rent as base rent. But prior landlord had signed a preferential rent agreement with tenant. Tenant claimed that the preferential rent agreement was still binding because it stated that all of tenant's rent increases would be based on the preferential rent for as long as tenant lived in the apartment as her primary residence. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. The preferential rent agreement was signed more than four years before tenant filed her rent overcharge complaint. So the DHCR couldn't consider it in deciding tenant's rent overcharge claim.

Horn: DHCR Adm. Rev. Dckt. No. TI410043RT (1/27/06) [3-pg. doc.]