Landlord Can't Charge Retroactive Vacancy Increase

Tenant complained of a rent overcharge. Landlord didn't give tenant a lease when she moved into a rent-stabilized apartment. The DRA ruled for tenant and ordered landlord to refund $19,000, including interest. Landlord appealed, claiming that it had offered tenant a vacancy lease but that tenant refused to sign it. The DHCR ruled against landlord. Landlord offered tenant the renewal lease only after the DRA ruled on tenant's overcharge complaint. Landlord can't collect a vacancy increase retroactively for the period in which there was no written lease. And landlord couldn't collect any rent increase over prior tenant's rent while tenant had no lease.

Esposito: DHCR Adm. Rev. Docket No. WD210041RO (6/19/08) [2-pg. doc.]