Apartment Vacant on Base Date

Tenant complained of a rent overcharge. Tenant moved in on March 15, 2008, and paid $2,400 per month. Landlord claimed that the last rent-stabilized tenant moved out in February 2004. It then made individual apartment improvements costing $36,500, and all applicable rent increases resulted in a new legal rent of over $2,000.The DRA ruled against tenant, finding that the apartment was deregulated. Tenant appealed and lost. The apartment was vacant on the base rent date of Aug. 25, 2004. The next tenant paid $2,100 starting on Nov. 1, 2004. Since the apartment was vacant on the base date, this became the base date rent, and landlord didn't have to prove the cost of its 1/40th improvements.

Montesinos: DHCR Adm. Rev. Docket No. XG410078RT (1/22/10) [2-pg. doc.]