Apartment Vacant Within Four-Year Period

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding a willful overcharge. Landlord was ordered to refund $41,000, which included triple damages. Landlord appealed, claiming that the apartment was vacant on July 27, 1988, four years before the date tenant filed his rent overcharge complaint, and remained vacant until tenant moved. So the base rent date should be the date tenant moved into the apartment. The DHCR ruled against landlord. Prior landlord filed an annual registration statement in 1989, listing the apartment as vacant and listing the rent as $325. Since this was the last registered rent within four years of the filing of tenant's complaint, it was proper to consider $325 the base rent. Also, DHCR policy doesn't permit deeming leases when an apartment is vacant, since landlords are encouraged to rent vacant apartments to avoid a shortage of housing and warehousing.

Klayman: DHCR Adm. Rev. Dckt. No. IC210014RO (12/31/97) [5-page document]