Apartment Vacant on Base Date

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding that there was a $1,900 overcharge. Tenant appealed, claiming that the DRA had mistakenly allowed some rent increase for apartment improvements. The DHCR ruled against tenant. The apartment was vacant on the base rent date four years before tenant filed her complaint. Tenant was the first tenant to move into the rent-stabilized apartment after this vacancy. So landlord was entitled to charge a first rent to tenant. This made the issue of apartment improvements irrelevant.

Deloatch: DHCR Adm. Rev. Dckt. No. IL210109RT (2/2/00) [2-pg. doc.]