Rent Ledger Insufficient Proof of Preferential Rent

Rent-stabilized tenant complained of a rent overcharge. Landlord claimed that the $875 rent charged to tenant on the base date was a preferential rent and that it was no longer required to offer tenant the preferential rent upon lease renewal. The DRA ruled for tenant and ordered landlord to refund $19,000, including triple damages for willful overcharge. Landlord appealed and lost. Landlord claimed that it submitted a full rent history documenting the preferential rent. But landlord submitted only rent ledgers. To establish a preferential rent under Rent Stabilization Code Section 2521.2, landlord must produce either the vacancy lease or renewal lease by which the preferential rent was charged. A rent ledger is insufficient to prove a preferential rent.

Renissance Equity Holding LLC: DHCR Adm. Rev. Docket No. YF210024RO (12/31/10) [2-pg. doc.]