Landlord Not Required to Charge Preferential Rent

LVT Number: 18729

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $8,000. Landlord appealed, arguing that it had increased tenant's rent based on the legal regulated rent, that prior lease showed tenant had a preferential rent, and that landlord didn't have to continue the preferential rent. The DHCR ruled for landlord. Tenant's prior leases stated both the legal regulated rent and the preferential rent. Annual rent registrations also stated the legal regulated rent.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $8,000. Landlord appealed, arguing that it had increased tenant's rent based on the legal regulated rent, that prior lease showed tenant had a preferential rent, and that landlord didn't have to continue the preferential rent. The DHCR ruled for landlord. Tenant's prior leases stated both the legal regulated rent and the preferential rent. Annual rent registrations also stated the legal regulated rent.

Mott: DHCR Adm. Rev. Dckt. No. TC710007RP (1/10/06) [4-pg. doc.]

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