Last Month's Rent Paid in Advance

Tenant complained of a rent overcharge. When tenant moved in, prior landlord had collected one month's security deposit, as well as the first and last months' rent. The DRA ruled for tenant and ordered landlord to refund the last month's rent. New landlord appealed. The DHCR ruled against new landlord. Under the Rent Stabilization Code, landlord can collect only the first month's rent and one month's security deposit when tenant moves in. New landlord steps into the shoes of old landlord and is responsible for refunding the overcharge.

VOR Realty LLC: DHCR Adm. Rev. Dckt. No. TK610035RO (1/23/06) [2-pg. doc.]