Vacancy Increase Granted for Rooming House Tenant

Rent-stabilized rooming house tenant complained of a rent overcharge. Tenant's weekly rent was $125. The DRA ruled against tenant. The DRA deemed tenant to have a two-year vacancy lease and found that the legal rent was $144 per week. Because this was more than the rent charged, there was no overcharge. Tenant appealed and lost. Tenant said that landlord should not be entitled to collect any vacancy increase, because landlord didn't register his apartment until December 2004, after tenant had filed his complaint. The DHCR said that landlord filed the rent registration forms while the case was pending, so he properly cured this defect. And a settlement agreement signed in court to resolve a nonpayment proceeding between landlord and tenant didn't set the legal rent for the apartment, as tenant claimed.

Ramirez/Caldarolo: DHCR Adm. Rev. Docket Nos. TE910017RT & TE910039RO (11/21/06) [5-pg. doc.]