Apartment Vacant on Base Date

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed and lost. The apartment was vacant on the base date, four years before tenant filed his complaint. Tenant was the first tenant to move in after that. So the base rent was tenant's first rent, and tenant can't claim that rent is an overcharge.

Brown: DHCR Adm. Rev. Dckt. No. OG410013RT (10/19/00) [3-pg. doc.]