Preferential Rent Listed in Rent Stabilization Rider

Tenant complained of a rent overcharge. Tenant claimed that landlord based the renewal lease offer on an incorrect base rent. Landlord argued that it offered tenant a renewal lease based on the legal regulated rent. Tenant paid a preferential rent under his first lease, which landlord chose not to continue upon renewal. The DRA ruled against tenant. Tenant appealed, claiming that there was no preferential rent agreement included in his initial lease. The DHCR ruled against tenant. Landlord attached a Rent Stabilization Lease Rider to tenant's first lease. The rider stated that tenant's legal regulated rent was $1,476.99, and that the rent charged was $1,250. Listing the higher rent in the Rent Stabilization Rider was sufficient to establish the higher rent as the legal regulated rent. Landlord didn't have to include an additional preferential rent rider.

Ramirez: DHCR Adm. Rev. Docket No. VC110033RT (9/12/07) [3-pg. doc.]