Landlord Not Entitled to Collect Vacancy Allowance

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,900, including interest. Landlord appealed, claiming that tenant was prior tenant's roommate when the 1991 vacancy lease was signed. Landlord claimed that he should have been permitted to collect a vacancy increase when tenant later got his own lease. The DHCR ruled against landlord. Prior tenant never occupied the apartment, tenant signed a renewal lease in 1998, even though the lease was still in prior tenant's name, and tenant paid rent for the apartment to landlord since at least the base date, four years before he filed his complaint. So tenant should be considered tenant since 1991, and landlord couldn't collect an additional later vacancy increase from him.

Rosenblum: DHCR Adm. Rev. Dckt. No. RF410073RO (8/29/03) [2-pg. doc.]