Apartment Vacant on Base Date

August 31, 2000

LVT Number: 14391

(Decision submitted by Great Neck attorney Kim S. Winn, who represented the landlord.) Tenant complained of a rent overcharge. The apartment was vacant on the base rent date four years before the filing of tenant's complaint. So the DRA took the average of other building rents in effect on that date in setting the rent. The DRA found some rent overcharge. Landlord appealed, claiming that this was improper. The DHCR ruled for landlord.

(Decision submitted by Great Neck attorney Kim S. Winn, who represented the landlord.) Tenant complained of a rent overcharge. The apartment was vacant on the base rent date four years before the filing of tenant's complaint. So the DRA took the average of other building rents in effect on that date in setting the rent. The DRA found some rent overcharge. Landlord appealed, claiming that this was improper. The DHCR ruled for landlord. Since the apartment was vacant on the base date, and, by law, the DHCR couldn't examine any prior rent history, the tenant's first rent was the legal regulated rent. There was no overcharge.

Nelson Mgmt. Group Ltd./Lavian: DHCR Adm. Rev. Dckt Nos. MH410040RO and MH410058RT (7/26/00) [2-pg. doc.]

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