Landlord Charged Improper Vacancy Allowance

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding a willful overcharge. The DRA ordered landlord to refund over $16,000 to tenant. Landlord appealed and lost. Among other things, landlord incorrectly charged tenant a vacancy increase when her husband moved out of the apartment. Tenant had moved into the apartment with her husband in 1976 and had continuously lived there at all times, even when the husband left. There was no justification for a vacancy allowance, and landlord didn't show that the overcharge wasn't willful.

90-38 Assocs.: DHCR Adm. Rev. Dckt. No. ID110041RO (6/28/96) [4-page document]