Apartment Vacant on Base Date

April 1, 2002

LVT Number: 15733

Tenant complained of a rent overcharge. The DHCR ruled against tenant. Tenant's apartment was vacant four years before tenant filed his overcharge complaint. So the DHCR found that the first rent after the base date was the legal regulated rent and there was no overcharge. Tenant appealed, claiming that it was unfair to apply the four-year rule, as amended by law in 1997, to his complaint, since it was filed before that date. The court and appeals court ruled against tenant. The DHCR's decision was reasonable and properly applied the law.

Tenant complained of a rent overcharge. The DHCR ruled against tenant. Tenant's apartment was vacant four years before tenant filed his overcharge complaint. So the DHCR found that the first rent after the base date was the legal regulated rent and there was no overcharge. Tenant appealed, claiming that it was unfair to apply the four-year rule, as amended by law in 1997, to his complaint, since it was filed before that date. The court and appeals court ruled against tenant. The DHCR's decision was reasonable and properly applied the law.

Marmelstein v. DHCR: NYLJ, 3/14/02, p. 18, col. 3 (App. Div.1 Dept.; Williams, PJ, Nardelli, Andrias, Sullivan, Friedman, JJ)

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