Landlord Didn't Give Vacancy Lease to Tenant

January 1, 2003

LVT Number: 16310

Tenant complained of a rent overcharge. She claimed that landlord never gave her a lease but charged her $850 per month when she moved in. Landlord claimed that tenant was given a preferential rent and that the legal rent was $986. The DRA ruled for tenant. Because landlord gave tenant no vacancy lease, the DRA disallowed any vacancy increase and set the legal rent at $760. Landlord appealed and lost. Landlord was required to give tenant a vacancy lease and a rent stabilization rider when tenant moved in. Since landlord didn't do so, it couldn't collect the vacancy increase.

Tenant complained of a rent overcharge. She claimed that landlord never gave her a lease but charged her $850 per month when she moved in. Landlord claimed that tenant was given a preferential rent and that the legal rent was $986. The DRA ruled for tenant. Because landlord gave tenant no vacancy lease, the DRA disallowed any vacancy increase and set the legal rent at $760. Landlord appealed and lost. Landlord was required to give tenant a vacancy lease and a rent stabilization rider when tenant moved in. Since landlord didn't do so, it couldn't collect the vacancy increase.

728 Frank Corp.: DHCR Admin. Rev. Dckt. No. QH210078RO (11/4/02) [2-pg. doc.]

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