DRA Properly Disallowed Vacancy Allowance

LVT Number: 13751

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed, claiming that the DRA didn't add a vacancy allowance following termination of prior tenant's lease. The Nassau County Rent Guideline Order requires landlord to file a certification with the DHCR confirming that one month's prior rent was spent painting or preparing the apartment for the new tenant. Landlord must file the certification to collect the vacancy allowance. Landlord in this case didn't prove that it filed the certification before the end of the prior tenant's lease.

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed, claiming that the DRA didn't add a vacancy allowance following termination of prior tenant's lease. The Nassau County Rent Guideline Order requires landlord to file a certification with the DHCR confirming that one month's prior rent was spent painting or preparing the apartment for the new tenant. Landlord must file the certification to collect the vacancy allowance. Landlord in this case didn't prove that it filed the certification before the end of the prior tenant's lease.

Wroth: DHCR Adm. Rev. Dckt. No. GL710181RO (9/21/99) [5-pg. doc.]

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