Apartment Vacant on Base Date

(Decision submitted by Jack Kuttner of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund over $36,000, including triple damages for a willful overcharge. Landlord appealed and won. Tenant filed his complaint in September 1990, so the base rent date was September 1986. The apartment was vacant on that base date and remained vacant until tenant moved into the apartment in October 1989. Under the Rent Regulation Reform Act of 1997, the rent history before September 1986 couldn't be examined. So the initial legal regulated rent was the $700 rent that tenant paid in October 1989. There was no rent overcharge.

Klayman: DHCR Adm. Rev. Dckt. No. NA210002RP (1/15/99) [3-pg. doc.]