Vacancy Lease Rent Rider Sufficiently Documented Preferential Rent

(Decision submitted by Tony Subraj, Vice President of Zara Realty, representing the landlord.)

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge and dismissed the complaint. Tenant appealed and lost. The first page of tenant's initial two-year lease in 2013 stated that the rent was $1,175 per month. A lease rider stated that this rent was preferential, that the legal regulated rent was $1,320, and showed how the rent was calculated. Landlord therefore sufficiently documented that the actual rent paid was a preferential rent. There was no proof of fraud, as tenant claimed. Landlord used a DHCR-approved form to set forth both the legal regulated rent and preferential rent. [Download PDF of decision here.]

Khan: DHCR Adm. Rev. Docket No. FV110029RT (6/7/18) [3-pg. doc.]