No Proof Tenant Paid Preferential Rent

Tenant complained of rent overcharge. The DRO ruled against tenant, finding no overcharge, but stated that the legal regulated rent was $371 per month. Landlord appealed and lost. Landlord claimed that since 2006 it had filed annual rent registrations documenting both a preferential rent and a higher legal regulated rent. But tenant showed a prior 2004 order where the DRO ruled that the tenant’s legal regulated rent was $307. Neither landlord nor tenant submitted any leases to prove a higher legal regulated rent or a preferential rent. And landlord didn’t produce any leases prior to the base date showing that tenant was charged a preferential rent. And three renewal leases signed after the base date contained only a single rent with no proof of a preferential rent. 

A.J. 23rd Street LLC: DHCR Adm. Rev. Docket No. DW110031RO (3/15/15) [5-pg. doc.]