Landlord Properly Collected Vacancy Increase

Tenant complained of a rent overcharge. The DRA ruled against tenant, and tenant appealed, claiming that she lived in apartment A for 33 years with her husband. After she was divorced, she moved temporarily into apartment B while landlord made repairs to apartment A. When she moved back into apartment A, landlord charged her an illegal vacancy increase. Landlord claimed that apartment B was renovated after the prior tenant moved out. Tenant requested to move into apartment B and was given a preferential rent. The DHCR ruled against tenant. Tenant submitted proof that she and her husband were married in 1975 and divorced in 1983. But tenant provided no proof that she lived in apartment A after her divorce. Landlord's records indicated that tenant didn't move back into apartment A until three years after the divorce. So it was proper for landlord to collect a vacancy increase from tenant.

Bontin: DHCR Admin. Rev. Dckt. No. FB410086RT (5/16/96) [2-page document]