Landlord Didn't Prove Base Rent Was Preferential Rent

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $808, including interest. Landlord appealed and lost. Landlord claimed that tenant paid a preferential rent and that the legal regulated rent was actually higher. But landlord didn’t prove the preferential rent. The base date lease showed listed, for the period from May 1, 2010, to April 30, 2011, a legal regulated rent of $1,423.35 and a preferential rent of $1,322.39. So, the DRA properly requested proof concerning the apartment’s rent history immediately before the base date. Since landlord didn’t submit any rent history records for that period, it failed to establish that the rent paid on the base date was a preferential rent. 

Czaplicki: DHCR Adm. Rev. Docket No. ES210048RO (2/2/17) [5-pg. doc.]