No Proof that Rent Charged Was Preferential
LVT Number: 17562
Tenant complained of a rent overcharge. The base rent date was December 16, 1995. At that time, tenant paid a monthly rent of $550. Landlord renewed tenant's lease, keeping the rent at $550, but raised it to $600 halfway through tenant's renewal lease. Landlord then based tenant's next renewal increase on the $600 rent. Landlord claimed that he gave a tenant preferential rent in exchange for apartment rental services. When tenant stopped providing services, landlord increased tenant's rent to legal rent. The DRA ruled for landlord. Tenant appealed, claiming that he did minimal work for landlord and that there was no preferential rent agreement or registration of preferential rent. The DHCR ruled for tenant. Landlord submitted no proof of a preferential rent agreement. The legal base rent was $550. Landlord didn't increase tenant's rent at the start of the next renewal, so he waived the right to collect any rent increase for that period. Subsequent renewal increases must be based on the $550 rent charged. Landlord was ordered to refund $10,000 to tenant.
Weber/Hossain: DHCR Adm. Rev. Dckt. Nos. RF110002RO & RJ110122RT (3/9/04) [6-pg. doc.]