Leases Showed Both Legal Regulated Rents and Preferential Rents

November 25, 2018

LVT Number: #29756

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that prior landlord misrepresented a preferential rent that tenant paid to be the legal rent. But tenant's vacancy lease contained a rider indicating that the $1,500 per month rent charged was a preferential rent and that the legal regulated rent was higher. The rider, signed by tenant, stated that the lower rent charged was effective only during the current lease period expiring on Oct. 31, 2015.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant claimed that prior landlord misrepresented a preferential rent that tenant paid to be the legal rent. But tenant's vacancy lease contained a rider indicating that the $1,500 per month rent charged was a preferential rent and that the legal regulated rent was higher. The rider, signed by tenant, stated that the lower rent charged was effective only during the current lease period expiring on Oct. 31, 2015. Landlord also verified the legality of both the legal regulated rent and the preferential rent by submitting prior leases for the apartment to the DRA. 

Pangrazio: DHCR Adm. Rev. Docket No. FX410028RT (9/26/18) [2-pg. doc.]

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