Vacancy Increase Granted for Tenant Who Was Prior Tenant's Roommate

LVT Number: #31500

Rent-stabilized tenant in a 421-a building complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,745, including interest. Landlord appealed and won in part. The DHCR agreed with landlord that, although tenant had previously occupied the apartment as prior tenant's roommate, landlord was entitled to collect a vacancy increase from tenant when landlord gave tenant a lease in his own name. But, because tenant's vacancy lease didn't contain a preferential rent rider, the legal regulated rent became the rent charged to and paid by tenant on Aug.

Rent-stabilized tenant in a 421-a building complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,745, including interest. Landlord appealed and won in part. The DHCR agreed with landlord that, although tenant had previously occupied the apartment as prior tenant's roommate, landlord was entitled to collect a vacancy increase from tenant when landlord gave tenant a lease in his own name. But, because tenant's vacancy lease didn't contain a preferential rent rider, the legal regulated rent became the rent charged to and paid by tenant on Aug. 1, 2012, when his vacancy lease began. And later, when tenant had no renewal lease for some period, no rent increase was permitted. So the total overcharge was $12,770, including interest.

18 Goodwin Place, LLC: DHCR Adm. Rev. Docket No. JO210031RO (6/8/21)[2-pg. document]

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