Landlord Didn't Produce Pre-Base Date Records Confirming Higher Legal Rent

Tenant complained of rent overcharge. Landlord claimed that tenant paid a preferential rent under his initial lease but failed to submit a copy of the pre-base date lease of the last prior tenant in response to the DRA's request. Landlord claimed that it was unable to obtain that lease from prior landlord. The DRA ruled for tenant and reduced his initial rent to the amount paid on the base rent date. Landlord appealed and lost. Landlord argued that the DRA improperly requested pre-base date rent records to determine whether tenant's preferential rent was lawful. But Rent Stabilization Code Sections 2526.1(a)(2)(viii) and 2521.2 provide for DHCR review of pre-base date records to establish the existence or terms and conditions of a preferential rent. 

Pelham 1540 LLC: DHCR Adm. Rev. Docket No. FS610061RO (3/5/18) [4-pg. doc.]