Preferential Rent Not Stated in Lease

November 1, 2001

LVT Number: 15399

Tenant complained of a rent overcharge. Landlord said that tenant had been the building's super and at one time paid a $300 preferential rent. Landlord claimed that tenant's legal rent was $500 and that further increases should be calculated on that amount. Tenant claimed that he didn't get a preferential rent and that he had taken care of the building for prior owner, his niece, without pay. The DRA ruled for tenant. Landlord appealed and lost. There was no preferential rent stated in tenant's lease, and tenant denied that he paid a preferential rent.

Tenant complained of a rent overcharge. Landlord said that tenant had been the building's super and at one time paid a $300 preferential rent. Landlord claimed that tenant's legal rent was $500 and that further increases should be calculated on that amount. Tenant claimed that he didn't get a preferential rent and that he had taken care of the building for prior owner, his niece, without pay. The DRA ruled for tenant. Landlord appealed and lost. There was no preferential rent stated in tenant's lease, and tenant denied that he paid a preferential rent. So the rent collected from tenant was the legal rent, and increases were calculated on that amount.

Hutchinson-Henry: DHCR Admin. Rev. Dckt. No. OE210030RO (9/7/01) [4-pg. doc.]

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