No Rent Increase for Second Vacancy in Same Calendar Year

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,000, including triple damages. Landlord had improperly collected a vacancy increase from tenant in July 2011, after collecting a prior vacancy increase for the apartment in March 2011. The DRA also disallowed an increase for individual apartment improvements (IAIs)  because the improvements were paid for after the prior tenant's lease began and landlord didn't obtain prior tenant's consent for the rent increase. Landlord appealed and lost. Rent Stabilization Code Section 2522.8(a)(3) was amended effective June 24, 2011, to disallow more than one vacancy increase during a given calendar year. It was no excuse that the code section went into effect a week before tenant's vacancy lease started. And since landlord didn't get written consent for the IAIs from prior tenant, he couldn't collect the increase from tenant.

Lin: DHCR Adm. Rev. Docket No. CO410007RO (11/19/14) [4-pg. doc.]