Tenant Can't Challenge Term of Vacancy Lease After Renewal

Rent-stabilized tenant complained of rent overcharge. She questioned the individual apartment improvements that landlord claimed were done. Tenant also complained that landlord hadn't given her the option of a two-year vacancy lease when she first moved into the apartment. The DRA ruled against tenant, who appealed and lost. Landlord submitted cancelled checks and contractor invoices that supported improvements costing $7,033. And tenant didn't complain about her initial lease term during the term of her vacancy lease. Tenant couldn't change her mind about her initial lease term because of how tenant's rent was affected by subsequent renewal guidelines. Changing the term of tenant's vacancy lease would also require changing her initial rent to reflect a higher two-year vacancy increase.

Adams: DHCR Adm. Rev. Docket No. AN110029RT (10/15/13) [2-pg. doc.]