No Overcharge Occurred When Landlord Raised Preferential Rent

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Records showed that the base date legal regulated rent was $1,449 and the collectable rent was $900 under a preferential rent agreement. Landlord continued to charge tenant a preferential rent after the base date. It didn't matter if landlord increased tenant's preferential rent more than 2 percent in 2016, at a time when the permissible rent guideline increase was 2 percent, because the preferential rent wasn't subject to rent guidelines increase limits at that time. And tenant still paid less than the legal regulated rent. 

Wade: DHCR Adm. Rev. Docket No. JN210017RT (4/20/21) [3-pg. doc.]