Overcharge Resulted from Failure to Preserve Preferential Rent

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $20,688 including triple damages and after subtracting $42,401 in rent arrears owed by tenant. The DRA also found that $7,027 of the refund owed to tenant actually was owed to the Emergency Rental Assistance Program (ERAP). Landlord appealed and lost. Landlord claimed that it had charged tenant a preferential rent and the legal rent should therefore be higher. But the DHCR reviewed pre-based date lease records and found that landlord didn't properly preserve a higher legal regulated rent. So there was no preferential rent.  

Mirav Realty, LLC: DHCR Adm. Rev. Docket No. MQ210018R (2/13/25)[5-pg. document]