Pre-2014 Version of RSC Preferential Rent Provision Applied to Overcharge Claim

LVT Number: #29954

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and reduced his rent, finding that a preferential rent was tenant's legal rent because landlord failed to preserve a higher legal rent in tenant's lease. Landlord appealed and lost, then filed an Article 78 court petition arguing that the DHCR's decision was arbitrary and unreasonable.

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5530-5572 Netherland Avenue LLC: DHCR Adm Rev. Docket No. GW610005RP (12/6/18) [3-pg. doc.]