No Overcharge Where Tenant Paid Preferential Rent During Lease Term

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding a small overcharge that wasn't willful. Landlord appealed and won. Landlord pointed out that the DRA based the overcharge ruling on an incorrect finding that tenant paid the legal regulated rent rather than a preferential rent under his vacancy lease. The DHCR agreed and revoked the overcharge finding.

Levin/Samson Management LLC: DHCR Adm. Rev. Docket No. FR710072RO (4/27/18) [4-pg. doc.]