Vacancy Increase Took Effect When Tenant Got Lease

June 30, 1999

LVT Number: 13359

(Decision submitted by Lester Breisblatt of the Manhattan law firm of Kossoff Alper & Unger, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant and reduced her rent. Among other things, the DRA disallowed any vacancy increase because tenant hadn't gotten a lease when she moved into the apartment. Landlord appealed. The DHCR ruled for landlord and granted landlord a vacancy increase effective six months after tenant moved in. At that time, landlord had given tenant a lease.

(Decision submitted by Lester Breisblatt of the Manhattan law firm of Kossoff Alper & Unger, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant and reduced her rent. Among other things, the DRA disallowed any vacancy increase because tenant hadn't gotten a lease when she moved into the apartment. Landlord appealed. The DHCR ruled for landlord and granted landlord a vacancy increase effective six months after tenant moved in. At that time, landlord had given tenant a lease.

Rinzler: DHCR Adm. Rev. Dckt. No. ME410012RO (5/28/99) [3-pg. doc.]

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