Tenant Claims He Never Got Vacancy Lease

Tenant complained of a rent overcharge. He had moved into the apartment in 1984 and had been charged a monthly rent of $340 until 1989. However, landlord never gave tenant a written vacancy lease. In 1989, landlord had given tenant a written renewal lease and increased his rent to $357 for a three-year period. The DRA ruled for tenant, and landlord appealed. Landlord claimed that tenant had an oral lease when he first moved in. The DHCR ruled against landlord. Landlord should have given tenant a written vacancy lease. But at this point, tenant's renewal lease was deemed to be his vacancy lease. Under this ''vacancy lease,'' landlord could charge tenant only $340, the amount he'd been charged without a lease. So, the $357 collected between 1989 and 1992 was a rent overcharge.

Attile: DHCR Adm. Rev. Dckt. No. FL810025RO (6/23/98) [4-page document]