Tenant Not Given Vacancy Lease

March 1, 2006

LVT Number: 18699

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $995, including triple damages. Tenant appealed, claiming that landlord wasn't entitled to a vacancy rent increase because it didn't give her a vacancy lease. So tenant claimed that she was entitled to a larger overcharge amount. The DHCR ruled for tenant. Tenant's initial legal rent was the same as prior tenant's rent, since she had no vacancy lease. And the 1/40th increase previously granted for apartment improvements done before tenant moved in was revoked.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $995, including triple damages. Tenant appealed, claiming that landlord wasn't entitled to a vacancy rent increase because it didn't give her a vacancy lease. So tenant claimed that she was entitled to a larger overcharge amount. The DHCR ruled for tenant. Tenant's initial legal rent was the same as prior tenant's rent, since she had no vacancy lease. And the 1/40th increase previously granted for apartment improvements done before tenant moved in was revoked. The total overcharge was $18,000.

Villafana: DHCR Adm. Rev. Dckt. No. TF410025RT (1/4/05) [2-pg. doc.]

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