Landlord Didn't File Vacancy Certificates

January 1, 2001

LVT Number: 14694

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the DRA incorrectly omitted a vacancy increase in its calculation of the lawful rent. The DHCR ruled against landlord. Under Rent Guideline Order Number 26 in Nassau County, covering leases commencing between Oct. 1, 1991, and Sept. 30, 1992, landlord was required to file a certification with the DHCR stating that one month's prior rent was spent painting or otherwise preparing the apartment for new tenant.

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the DRA incorrectly omitted a vacancy increase in its calculation of the lawful rent. The DHCR ruled against landlord. Under Rent Guideline Order Number 26 in Nassau County, covering leases commencing between Oct. 1, 1991, and Sept. 30, 1992, landlord was required to file a certification with the DHCR stating that one month's prior rent was spent painting or otherwise preparing the apartment for new tenant. Since landlord didn't do so, he wasn't entitled to collect a vacancy increase when tenant moved into the apartment.

Sumkin: DHCR Adm. Rev. Dckt. No. HK710179RO (11/7/00) [3-pg. doc.]

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