No Proof of Preferential Rent on Base Date

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $5,337, including triple damages. Landlord appealed and lost. Landlord didn't submit copies of any leases or ledgers going back to the base rent date in response to tenant's complaint. The DRA therefore correctly relied on leases submitted by tenant. Landlord also claimed that the base rent was a preferential rent. But the base date renewal lease submitted to the DRA listed no "lower rent to be charged." So the DRA correctly determined that the rent charged on the base date was the legal regulated rent.

270 Empire Realty LLC: DHCR Adm. Rev. Docket No. GQ210011RP (12/7/18) [4-pg. doc.]