Lease of Less Than Three Months Doesn't Count

LVT Number: 9030

New Rochelle tenant complained of a rent overcharge. The DRA found that landlord had improperly calculated tenant's first rent and overcharged tenant. Landlord appealed, and the DHCR ruled for tenant. If a prior tenant vacates the apartment three months after signing his lease renewal, landlord can't use that rent as the base rent when calculating the next tenant's rent.

New Rochelle tenant complained of a rent overcharge. The DRA found that landlord had improperly calculated tenant's first rent and overcharged tenant. Landlord appealed, and the DHCR ruled for tenant. If a prior tenant vacates the apartment three months after signing his lease renewal, landlord can't use that rent as the base rent when calculating the next tenant's rent.

Harbor One Company: DHCR Adm. Rev. Dckt. No. DL 810338-RO (7/13/94) [2-page document]

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