Landlord Waived Vacancy Increase

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that prior tenant paid a preferential rent and that a vacancy increase should have been calculated for prior tenant in establishing the legal rent history. The DHCR ruled against landlord. There was no proof of a preferential rent in either the rent ledgers submitted by landlord or annual registration statements. Landlord waived the 18 percent vacancy increase for prior tenant.

Punnett: DHCR Admin. Rev. Dckt. No. QG410044RO (9/18/02) [3-pg. doc.]