PREFERENTIAL RENT

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....

No Fraud and No Rent Overcharge in Case Involving Preferential Rent

April 25, 2018    

Rent-stabilized tenant complained of rent overcharge, claiming that there were missing rent registrations and a substantial rent hike during her tenancy. The DRA ruled against tenant, finding that tenant's base...

Tenant's Legal Rent Reduced to Preferential Rent

April 25, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and directed landlord to set tenant's preferential rent as the legal rent. Landlord appealed and lost. Rent Stabilization Code...

Tenant's Legal Rent Reduced to Preferential Rent

March 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that tenant's July 2014 renewal lease showed the legal regulated rent to be $883. This wasn't listed as a preferential...

Base Date Rent Reduced to Preferential Rent

March 26, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA asked landlord to submit a copy of tenant's lease predating the February 2012 base rent date because tenant paid a preferential rent rather than the...

Discounted Rent Is Legal Rent, Not Preferential Rent

January 23, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $8,800, including triple damages. Landlord appealed and lost. Although tenant's May 2014 vacancy lease...

Landlord Failed to Preserve Proof of Preferential Rent

November 28, 2017    

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled for tenant but found no willful overcharge and ordered landlord to refund $3,553, including interest. The DRA set the base date...

Landlord Discontinued Preferential Rent in Error

April 26, 2017    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Landlord had incorrectly discontinued a preferential rent agreed to in tenant’s initial lease. The base...

Tenant Entitled to Preferential Rent Upon Lease Renewal

February 26, 2017    

Rent-stabilized tenant complained of rent overcharge. Tenant previously had a preferential rent. But when landlord renewed tenant’s lease in 2014, it discontinued the preferential rent. The DRA ruled against...

Legal Rent Increase Waived

June 27, 2016    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $14,944, including interest. Landlord appealed and lost. For the lease period commencing on June 1, 2010,...

Landlord Didn't Identify Preferential Rent in Vacancy Lease

July 14, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant. Landlord appealed and lost, claiming that the calculation of any overcharge should be based on a higher legal regulated rent, not the...

No Proof Landlord Charged Preferential Rent on Base Date

January 14, 2013    

Rent-stabilized tenant complained of a rent overcharge under her 2009 renewal lease. The DRA ruled for tenant and ordered landlord to refund $7,060, including triple damages. Landlord appealed and lost. Landlord...