Landlord Must Give Month-to-Month Tenant Rent-Stabilized Lease

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $10,000, including triple damages. The DRA also ordered landlord to give tenant a proper rent-stabilized lease. Landlord appealed and lost. Landlord claimed that the apartment was created in 2005-2006 and that the first tenant moved in after that under a one-year lease with a rent of $1,500 per month. Tenant later moved into the apartment in 2009 as a month-to-month tenant. Since landlord never gave tenant a proper or acceptable rent-stabilized lease before the DRA order was issued, landlord must issue tenant a rent-stabilized vacancy lease and vacancy lease rider for a one- or two-year lease term at tenant’s option at the same legal regulated month-to-month rent in effect up until the issuance of the DRA's order. Landlord also had waived its right to collect the MCI rent increase that went into effect while tenant had no lease. 

Ninth Avenue Realty, LLC: DHCR Adm. Rev. Docket No. CV410030RO (6/2/15) [5-pg. doc.]