Landlord Gets Rent Hikes for Renewal and Vacancy Leases

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund the overcharge. Landlord appealed, pointing out that the DRA made an error by omitting rent increases for two prior leases. There was an Aug. 1, 2007, renewal lease with one prior tenant. Landlord then signed a vacancy lease commencing Sept. 1, 2007, with another prior tenant. The DHCR ruled for landlord. Tenant moved into the apartment on Nov. 1, 2007, under a one-year vacancy lease, and landlord properly collected a 17.25 percent vacancy increase. But landlord also was entitled to increases during the same year under the renewal lease and vacancy lease for prior tenants. The DHCR recalculated the rent. There was still an overcharge of $1,500, but landlord had already refunded more than this amount to tenant.

101 Cooper Street LLC: DHCR Adm. Rev. Docket No. WI410024RO (11/6/08) [2-pg. doc.]