In Coffina v. NYS DHCR, 61 A.D.3d 404 (AD 1st Dept 2009), the Appellate Division of this department held that it was permissible to review an original lease made more that four years before an overcharge complaint to determine whether a landlord was able to collect a higher rent. In Coffina, a landlord claimed that an agreed upon rent was actually a preferential rent and that he elected to end the preference. The landlord showed that all of the rent registrations and renewal leases made during the four year statute of limitations period contained the preference. The Appellate Division held that it was irrational for DHCR not to consider the original lease (made more than ten years before the overcharge complaint) to determine the intent of the parties as to whether the rent was the legal rent or a preferential rent.