No Proof Tenant Was Charged Preferential Rent

LVT Number: #22713

Rent-stabilized tenant complained of a rent overcharge. Tenant claimed that her initial lease had no preferential rent clause. But new landlord renewed her lease at a higher base rent, claiming that her current rent was preferential. The DRA ruled for tenant and ordered landlord to refund $3,500, including triple damages. Landlord appealed and lost. Tenant’s initial lease stated that her rent was $1,150 per month. Nothing in the lease indicated that this was a preferential rent.

Rent-stabilized tenant complained of a rent overcharge. Tenant claimed that her initial lease had no preferential rent clause. But new landlord renewed her lease at a higher base rent, claiming that her current rent was preferential. The DRA ruled for tenant and ordered landlord to refund $3,500, including triple damages. Landlord appealed and lost. Tenant’s initial lease stated that her rent was $1,150 per month. Nothing in the lease indicated that this was a preferential rent. Contrary to landlord’s claim, the legal regulated rent can’t be “previously established” by annual rent registration statements.

Devimaa Properties, LLC: DHCR Adm. Rev. Docket No. XL110034RO (4/23/10) [4-pg. doc.]

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