Landlord Didn't Prove Tenant Was Charged Preferential Rent
LVT Number: #30377
Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,521, including triple damages. Landlord appealed and lost. Landlord failed to prove that tenant had a preferential rent. The preferential rent rider in tenant's vacancy lease stated that prior tenant paid a legal rent of $1,541. But lease records showed that prior tenant paid $1,122. Tenant's rent therefore was based on an illegally high rent. So tenant's legal rent became the $988 per month actually charged and paid by tenant.
725 Southern LLC: DHCR Adm. Rev. Docket No. GS610024RO (7/9/19) [4-pg. doc.]