Rent Charged Without Lease Is Legal Regulated Rent

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge. The DRA also ruled that tenant’s base date legal regulated rent was $900 per month. Landlord appealed and lost. Landlord claimed that tenant had no lease but was a month-to-month tenant. Landlord argued that $900 was a preferential rent and that the rent was registered as the legal regulated rent of $1,378. But since there was no lease in effect that stated both legal and preferential rents, the legal regulated base date rent was the $900 charged and collected by landlord.

Hernandez: DHCR Adm. Rev. Docket No. ZD210058RO (7/19/12) [2-pg. doc.]