Landlord Not Entitled to Collect Vacancy Allowance

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord claimed that the DRA hadn't included a 15 percent vacancy increase in calculating tenant's legal rent. The DHCR ruled against landlord. During the 1991-92 rent guidelines period in question, there was no provision for a 15 percent vacancy increase. For that period, the vacancy allowance was equal to the prior rent divided by the number of months in new tenant's vacancy lease. Also, landlord was required to file a certification to get that vacancy increase and showed no proof that he had done so. So landlord wasn't entitled to any vacancy increase.

Mott: DHCR Adm. Rev. Dckt. No. IC710160RO (1/11/00) [2-pg. doc.]