Two Weeks Added to Two-Year Vacancy Lease Didn't Invalidate It

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,296, including interest after the DRA disallowed a portion of the individual apartment improvement (IAI) rent increase collected because it included repair costs.

Tenant appealed and lost. Tenant claimed that landlord improperly gave her a 54-week vacancy lease rather than a vacancy lease for a one- or two-year period. The DHCR found that the vacancy increase was proper because tenant signed a valid two-year vacancy lease for the term commencing Sept. 15, 2014, and ending Sept. 30, 2016. The vacancy lease offered was a valid two-year lease. It was reasonable for landlord to add an additional two weeks since the lease commenced on the 15th day of the month in September 2014 in order for the lease to end at the end of the month two years later. [Download PDF of decision here.]

Lake: DHCR Adm. Rev. Docket No. FS410042RT (6/4/18) [4-pg. doc.]