Landlord Failed to Prove Pre-Base Date Preferential Rent

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund an overcharge. The DRA found that, since landlord failed to provide pre-base date rent history records to justify a preferential rent, the authenticity of the higher, legal regulated rent couldn't be confirmed. Landlord appealed and lost, claiming that the Rent Stabilization Code (RSC) required landlord to keep rent history records only for four years if an apartment was properly registered. But RSC Section 2526.1(a)(2)(viii) states that, for the purpose of establishing the existence of a preferential rent or its terms or conditions, the DHCR could request pre-base date rent history records going back more than four years. [Download PDF of decision here.]

91-95 East 18 Property LLC: DHCR Adm. Rev. Docket No. FT210045RO (3/22/18) [3-pg. doc.]