Landlord Entitled to Two-Year Renewal Increase

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord claimed the DRA's calculations were wrong. The DRA recalculated tenant's rent based on a one-year renewal lease for prior tenants because the DRA deemed prior tenant's renewal lease to be for one year, not two. Landlord appealed, claiming error. The DHCR ruled for landlord in part. Under tenant protection regulations, there is a procedure for calculating a vacancy rent when tenant takes occupancy before the expiration of prior tenant's lease. Since prior tenant was in occupancy 23 out of 24 months under prior lease, the DRA should have deemed the prior lease to run for two years rather than one year. Recalculation reduced the amount of the overcharge.

Blair Associates: DHCR Adm. Rev. Dckt. No. GA-710242-RO (5/31/95) [3-page document]