PREFERENTIAL RENT

Landlord Omitted Legal Regulated Rent from One Renewal Lease Listing Preferential Rent

April 28, 2019    

(Decision submitted by Eileen O'Toole, Esq. of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Base Date Rent Reduced to Preferential Rent

March 19, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,454.74, including interest. Landlord appealed and lost. For the first time on appeal, landlord...

Preferential Rent Charged to Tenant Was Initial Legal Regulated Rent

January 28, 2019    

Tenant complained of rent overcharge. The DHCR ruled for tenant and ordered landlord to refund $34,826, including interest. Landlord then filed an Article 78 court appeal. The court sent the case back to the DHCR for...

Landlord Not Required to Continue Preferential Rent

December 26, 2018    

Tenant complained that landlord refused to renew her rent-stabilized lease on the same terms and conditions as her expiring lease. Tenant claimed that landlord offered a renewal lease at a monthly rent of $1,998...

New Landlord Doesn't Prove Tenant Must Sign Renewal Lease

December 25, 2018    

Landlord sued to evict rent-stabilized tenant, claiming that tenant failed to sign an offered renewal lease. Landlord claimed that it bought the building in a foreclosure sale, didn't receive lease documentation...

Initial Rent Under HDC Regulatory Agreement Couldn't Be Preferential Rent

October 29, 2018    

Tenant complained of rent overcharge in 2015.

Landlord Omitted Legal Regulated Rent from One Renewal Lease

October 29, 2018    

Rent-stabilized tenant complained of rent overcharge. Landlord claimed that tenant paid a preferential rent and that there was no overcharge. The DRA ruled for tenant and found a total overcharge of $5,400, including...

Landlord Didn't Prove Tenant Paid Preferential Rent

October 29, 2018    

Tenant complained of rent overcharge. The DRA ruled for tenant and found that because landlord failed to establish that there was a previously higher legal rent, the monthly $910 rent paid on the April 20, 2012, base...

Tenant's Leases Contained No Record of Preferential Rents

October 28, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $8,224, including triple damages and excess security deposit. Landlord appealed and lost. Landlord claimed...

Vacancy Lease Rent Rider Sufficiently Documented Preferential Rent

July 27, 2018    

(Decision submitted by Tony Subraj, Vice President of Zara Realty, representing the landlord.)

Landlord Didn't Preserve Legal and Preferential Rents in Leases

July 19, 2018    

Tenant complained of rent overcharge and claimed that her apartment was illegally deregulated. The DRA ruled for tenant, found that she was rent stabilized, reduced her rent from $2,410 to $1,965, and ordered...

Landlord Continued to Accept Preferential Rent Payments

June 25, 2018    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant had no current renewal lease and claimed that she had paid a preferential rent. Landlord was claiming that a higher legal rent was due and...