Landlord Proved Apartment Vacant on Base Date

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding that the apartment was vacant on the base rent date four years before tenant's complaint was filed. So the rent charged to tenant was the base rent. Tenant appealed. No registrations had been filed for the apartment from 1985 until 1999. Prior tenant had left the apartment by Jan. 29, 1997, the base date. The marshal took possession of the apartment on Feb. 6, 1997. Tenant claimed that prior tenant was still the legal tenant on the base date, so the rent charged prior tenant should be the base rent. The DHCR ruled against tenant. What mattered was whether the apartment was vacant on the base date, and landlord had proved that it was.

Closky: DHCR Admin. Rev. Dckt. No. PH110074RT (3/12/02) [5-pg. doc.]