Landlord Used Vacancy Lease Forms to Renew Tenant's Lease

LVT Number: #20849

Tenant complained of a rent overcharge, claiming that landlord gave her improper renewal leases. The DRA ruled against tenant. Tenant appealed and lost. Landlord and tenant signed a vacancy lease when tenant moved in. After that, landlord renewed tenant's lease by giving tenant vacancy lease forms instead of the DHCR's renewal lease form. This didn't bar landlord from collecting rent increases. Besides, those leases had now all expired without a complaint from tenant.

Tenant complained of a rent overcharge, claiming that landlord gave her improper renewal leases. The DRA ruled against tenant. Tenant appealed and lost. Landlord and tenant signed a vacancy lease when tenant moved in. After that, landlord renewed tenant's lease by giving tenant vacancy lease forms instead of the DHCR's renewal lease form. This didn't bar landlord from collecting rent increases. Besides, those leases had now all expired without a complaint from tenant.

Perkins: DHCR Adm. Rev. Docket No. WC410014RT (9/19/08) [2-pg. doc.]

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