Landlord Must Give Tenant Two-Year Vacancy Lease

LVT Number: 15648

Tenant complained of a rent overcharge. He said that when he moved into the apartment, landlord gave him only a one-year vacancy lease. Landlord claimed that he gave tenant the option of either a one-year or two-year vacancy lease. But landlord submitted no proof of this, and tenant submitted a letter showing he requested a two-year lease. The DRA ruled for tenant. Landlord appealed and lost. The rent increase in tenant's first renewal lease was void because it was collected after one year.

Tenant complained of a rent overcharge. He said that when he moved into the apartment, landlord gave him only a one-year vacancy lease. Landlord claimed that he gave tenant the option of either a one-year or two-year vacancy lease. But landlord submitted no proof of this, and tenant submitted a letter showing he requested a two-year lease. The DRA ruled for tenant. Landlord appealed and lost. The rent increase in tenant's first renewal lease was void because it was collected after one year.

Ebenezer Methodist Church: DHCR Admin. Rev. Dckt. No. PF410002RO (1/25/02) [3-pg. doc.]

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