Next Rent Is Base Rent Where Apartment Vacant on Base Date

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding that tenant filed his complaint on Dec. 1, 2006, exactly four years after he moved into the apartment. Tenant's initial rent therefore was the base rent, and there was no subsequent overcharge when he renewed his lease. Tenant appealed, claiming that he filed his complaint on Nov. 30, 2006. Therefore, tenant argued, the base date rent was the prior tenant's November 2002 rent. The DHCR ruled against tenant. Even if tenant's complaint was filed in November 2006, his Dec. 1, 2002, rent was the base rent. The prior tenant's lease had expired on April 30, 2003. There was no dispute that she moved out before her lease expiration date. The record also supported the fact that the apartment was vacant immediately before tenant moved in on Dec. 1, 2002. Landlord made apartment improvements before tenant moved in, so the apartment would have to have been vacant during November 2002.

Berman: DHCR Adm. Rev. Docket No. VF610026RT (10/30/07) [3-pg. doc.]