Landlord Can't Increase Rent Until Tenant Given Lease

August 31, 2008

LVT Number: #20700

Tenant complained of a rent overcharge. Landlord claimed that there was no overcharge because he charged tenant only 2 percent more than the rent paid by prior tenant. The DRA ruled for tenant and ordered landlord to refund $8,000, including triple damages. Landlord appealed and lost. Landlord never gave tenant a rent-stabilized lease at any time since he moved into the apartment in 2004. Therefore, landlord couldn't collect any rent increase over prior tenant's rent. The DHCR also ordered landlord to give tenant a lease at the legal rent determined by the DRA.

Tenant complained of a rent overcharge. Landlord claimed that there was no overcharge because he charged tenant only 2 percent more than the rent paid by prior tenant. The DRA ruled for tenant and ordered landlord to refund $8,000, including triple damages. Landlord appealed and lost. Landlord never gave tenant a rent-stabilized lease at any time since he moved into the apartment in 2004. Therefore, landlord couldn't collect any rent increase over prior tenant's rent. The DHCR also ordered landlord to give tenant a lease at the legal rent determined by the DRA. After this initial lease expired, landlord could collect a rent increase upon proper lease renewal.

Wu: DHCR Adm. Rev. Docket No. VA110087R (6/11/08) [3-pg. doc.]

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