First Rent Collected After Vacancy Became Base Rent

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant claimed that his initial rent was illegally calculated and that the apartment wasn't registered with the DHCR. The base rent date for tenant's complaint was May 23, 2007. The apartment was vacant on that date and, under the Rent Stabilization Code provision in effect at the time of the complaint, the next rent became the legal base rent. So, tenant's initial rent of $889 in Nov. 1, 2008, was the first rent. Landlord also had filed timely annual rent registrations for the apartment. There was no overcharge.

Nealy: DHCR Adm. Rev. Docket No. CO610039RT (12/2/14) [3-pg. doc.]