Landlord Can Collect Vacancy Increase

April 1, 1995

LVT Number: 9610

Tenant complained of a rent overcharge. The DHCR ruled against tenant, finding that landlord had taken a proper vacancy increase. Tenant appealed. The court ruled for tenant and sent the case back to the DHCR for further processing. The DHCR appealed. The appeals court found that there was no reason to send the case back. Neither the rent-stabilization law nor rent guidelines condition vacancy increases on whether prior tenant was in the apartment until the end of his lease.

Tenant complained of a rent overcharge. The DHCR ruled against tenant, finding that landlord had taken a proper vacancy increase. Tenant appealed. The court ruled for tenant and sent the case back to the DHCR for further processing. The DHCR appealed. The appeals court found that there was no reason to send the case back. Neither the rent-stabilization law nor rent guidelines condition vacancy increases on whether prior tenant was in the apartment until the end of his lease. The DHCR's decision was a reasonable, rational interpretation and application of the laws and regulations it applies. Its decision should be upheld.

Gellerman v. Higgins: NYLJ, p. 26, col. 3 (3/30/95) (App. Div. 1 Dept.; Murphy, PJ, Rosenberger, Williams, Tom, JJ)

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