Landlord Didn't Prove Apartment Was Vacant on Base Date

Tenant complained of a rent overcharge. Landlord claimed that the apartment was vacant on the base date, so tenant's first rent was the legal regulated rent. The DRA ruled for landlord. Tenant appealed, pointing out that the building was owned by the estate of the deceased prior owner and managed by the state Public Administrator. Rents had been registered for the base date as ''vacant/unknown.'' Tenant said there was no proof that the apartment actually was vacant on the base date. The DHCR ruled for tenant. The estate administrator didn't know what the rent was on the base date. So the case was sent back to the DRA to calculate the legal rent under the DHCR's default procedure.

Kupinska: DHCR Admin. Rev. Dckt. No. OC410041RT (9/25/01) [3-pg. doc.]