Registration Statement Set Preferential Rent

Tenant complained of a rent overcharge. Though no overcharge had been collected, tenant claimed that landlord sought to charge the legal regulated rent upon lease renewal. Landlord had charged tenant a preferential rent under a prior renewal lease. The DRA ruled against tenant because there had been no actual overcharge. The DRA noted that landlord hadn't established a preferential rent for tenant's apartment. Landlord appealed the portion of the DRA's decision that stated that landlord hadn't established a preferential rent. Landlord pointed out that it had registered both a legal regulated rent and a preferential rent in annual registration statements filed with the DHCR. The DHCR ruled for landlord and deleted the notation to the DRA's order.

Baumrind & Baumrind: DHCR Adm. Rev. Dckt. No. SI410046RO (2/21/06) [4-pg. doc.]