Landlord Can Discontinue Preferential Rent

Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed and lost. Tenant moved into his apartment on July 1, 1995. Tenant's first lease stated that the legal regulated rent was $503.69. There was no mention of whether this was a preferential rent. Subsequent renewal leases stated both a legal regulated rent and a preferential rent. Tenant's most recent renewal lease, in 2005, stated only a legal regulated rent. The DRA had correctly looked back only four years to decide tenant's overcharge claim. Four years before tenant complained, his renewal lease and rent registration stated both a legal regulated rent and a preferential rent. The DRA couldn't consider what tenant's first lease stated. Landlord was permitted by law to discontinue the preferential rent.

Estevez: DHCR Adm. Rev. Dckt. No. TJ410014RT (12/12/05) [3-pg. doc.)