No Proof Rent Charged Was Preferential Rent

Rent-stabilized tenant complained in 2018 of rent overcharge and an improper renewal lease offer. The DRA found no overcharge but noted that the legal regulated base date rent for tenant's Feb. 1, 2016, renewal lease was $1,293 while the collectible rent was $1,248. And the legal rent was waived to $1,248 because landlord didn't provide proof that tenant had a higher legal regulated rent. Tenant's lease wasn't validly renewed in February 2017.

Landlord appealed and lost. Landlord claimed that tenant hadn't paid rent in over 23 months and that tenant refused to sign a renewal lease because he owed over $35,000 in back rent. The DHCR pointed out that because $1,248 became the legal rent, subsequent renewals had to use this amount as the base rent. Tenant didn't have to sign renewal leases that listed the higher, improper rent as the legal rent. Since there was no finding of rent overcharge, the DHCR need not consider proof concerning rent payments. The parties would have to go to court if they couldn't resolve a nonpayment issue.

Clorane Realty Corp.: DHCR Adm. Rev. Docket No. IT610011RO (11/3/21)[3-pg. document]