Tenant Not Entitled to Renewal Lease

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered it to refund $16,000, including triple damages. Landlord appealed and won. Tenant hadn't renewed his lease. Landlord then sued to evict tenant for nonrenewal of lease. The court ruled for landlord and issued an eviction warrant. Instead of evicting tenant, landlord gave tenant a vacancy lease. Since tenant now had a lease and his tenancy was terminated, landlord was entitled to give tenant the lease at a vacancy increase instead of a renewal increase. The rent overcharge finding was revoked.

ATM Three, LLC: DHCR Adm. Rev. Dckt. No. TA710022RO (12/15/05) [4-pg. doc.]