Landlord Could Collect 15% Vacancy Allowance

November 1, 1994

LVT Number: 9230

Tenant complained of a rent overcharge, and the DRA ruled for tenant. Landlord appealed, arguing that Guideline #15 permitted landlord to collect a 15 percent vacancy allowance, but the DRA had allowed only a 10 percent allowance. The DHCR ruled for landlord. Guideline #15, which was in effect when tenant's vacancy lease began, allowed landlord a 15 percent vacancy increase if the last vacancy allowance landlord collected had been before July 1, 1975. Landlord proved that tenant's apartment had been occupied since July 1973, so it qualified for the 15 percent increase.

Tenant complained of a rent overcharge, and the DRA ruled for tenant. Landlord appealed, arguing that Guideline #15 permitted landlord to collect a 15 percent vacancy allowance, but the DRA had allowed only a 10 percent allowance. The DHCR ruled for landlord. Guideline #15, which was in effect when tenant's vacancy lease began, allowed landlord a 15 percent vacancy increase if the last vacancy allowance landlord collected had been before July 1, 1975. Landlord proved that tenant's apartment had been occupied since July 1973, so it qualified for the 15 percent increase. And, taking that increase into account, tenant hadn't been overcharged.

101-06 67th Drive, Apt. 5D: DHCR Adm. Rev. Dckt. No. BG 110304-RO (7/15/94) [2-page document]

Downloads

BG110304-RO.pdf129.55 KB

Topics

More like this