Apartment Vacant on Base Rent Date

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled against tenant, finding no rent overcharge. Tenant appealed and lost. Tenant claimed that the DRA failed to calculate the legal rent from the Aug. 16, 2007, based date and, instead, calculated from Oct. 1, 2007, which was the second month into the term of her vacancy lease. The DHCR noted that tenant's apartment was vacant on the base date. Since tenant's lease was the first lease entered into after the base date, tenant's initial rent became the base rent for purposes of calculating any subsequent rent overcharge. And although tenant moved into the apartment in September 2007, Oct. 1 was listed in the DRA's order since that was the first date of tenant's first full month in occupancy.

Garrett: DHCR Adm. Rev. Docket No. AN710030RT (1/3/13) [2-pg. doc.]