Rent ledger insufficient proof of preferential rent.

Position::RENT OVERCHARGE
 
FREE EXCERPT

Rent-stabilized tenant complained of a rent overcharge. Landlord claimed that the $875 rent charged to tenant on the base date was a preferential rent and that it was no longer required to offer tenant the preferential rent upon lease renewal. The DRA ruled for tenant and ordered landlord to refund $19,000, including triple damages for willful overcharge.

Landlord appealed and lost. Landlord claimed that it submitted a full rent history documenting the preferential rent. But landlord submitted only rent ledgers. To establish a preferential rent...

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