Only One Vacancy Increase Permitted

Tenant complained of a rent overcharge. The DRA ruled against tenant, and tenant appealed. The DHCR ruled for tenant in part. In calculating the rent history for the apartment, the DRA found that there was a prior vacancy lease between the base date and the date that tenant moved into the apartment. But review of the rent history records showed that since the base date, the only apartment vacancy occurred just before tenant moved in. There was no intervening vacancy. Upon recalculation, there was a total overcharge of $1,345.

Chowdhury: DHCR Adm. Rev. Dckt. No. TH110001RT (9/18/05) [5-pg. doc.]