DHCR Deems Leases for Tenant

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant complained of a rent overcharge, and that landlord didn't offer her a renewal lease. Landlord claimed that the increases were within the guidelines, and that tenant hadn't signed the renewal it had been offered. Since June 1, 1991, tenant had been living in the apartment without a lease. The DRA found that tenant had been overcharged, and landlord appealed. The DHCR ruled for landlord. Landlord had collected no rent increases from tenant while she didn't have a lease. The DHCR deemed that tenant had two consecutive two-year leases, starting from June 1, 1991. Landlord could charge a 7 percent rent increase for the first deemed lease, and a 5 percent increase for the second deemed lease. This reduced the amount of the overcharge.

Hampton Management Co.: DHCR Adm. Rev. Dckt. Nos. FH 610121-RO, EF 610285-RO (9/2/94) [4-page document]