PREFERENTIAL RENT

PREFERENTIAL RENT

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...

Landlord Failed to Prove Pre-Base Date Preferential Rent

May 29, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund an overcharge. The DRA found that, since landlord failed to provide pre-base date rent history records to...

Landlord Didn't Produce Pre-Base Date Records Confirming Higher Legal Rent

May 29, 2018    

Tenant complained of rent overcharge. Landlord claimed that tenant paid a preferential rent under his initial lease but failed to submit a copy of the pre-base date lease of the last prior tenant in response to the...

Prior Preferential Rent Was Below Deregulation Threshold

May 24, 2018    

Landlord sued to evict unregulated tenant after tenant's lease expired. Tenant claimed that he was rent stabilized and that the apartment was improperly deregulated. The court ruled for tenant and dismissed the...

Case Reopened for DHCR to Consider Pre-Base Date Proof of Preferential Rent

May 24, 2018    

Rent-stabilized tenant complained of rent overcharge after landlord discontinued a preferential rent charged to tenant. The DRA ruled against tenant, finding that tenant's base date lease included a legal...

Preferential Rent Charged to First Tenant in 421-a Building Is Legal Base Rent

April 25, 2018    

Rent-stabilized tenant in building receiving Real Property Tax Law Section 421-a tax benefits complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $4,200, including triple damages....