Landlord Can't Prove Base Date Rent Was Preferential

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $6,370, including triple damages. Landlord appealed, claiming that tenant paid a preferential rent on the base date and that he wasn't required to renew tenant's lease thereafter at a preferential rate. Landlord also argued that the overcharge wasn't willful. The DHCR ruled against landlord. Tenant's base date lease listed the rent that landlord claimed was preferential without also showing a higher legal regulated rent. So there could be no finding that there was a preferential rent. Landlord also didn't submit any proof that the overcharge wasn't willful. 

Zafir: DHCR Adm. Rev. Docket No. AT210068RO (5/17/13) [6-pg. doc.]