Landlord Proved Prior Tenant Vacated Before Base Date

Tenant complained of a rent overcharge. The DRA ruled against tenant because the apartment wasn't rent regulated. Tenant appealed and lost. Landlord submitted rent ledgers and a sworn statement from prior landlord that proved that prior tenant had vacated the apartment on the base rent date four years before tenant filed his complaint and that the apartment was vacant on the base date. The first tenant after that paid $1,795. This rent wasn't subject to challenge. Lawful increases collectible after that brought the legal rent to over $2,000 per month. So the apartment was no longer subject to rent stabilization.

Nicklaus/Forkin: DHCR Adm. Rev. Dckt. No. RG410032RT (3/10/04) [4-pg. doc.]