Apartment Vacant on Base Date

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. The DHCR ruled for landlord. On the base date, four years before tenant filed her overcharge complaint, the apartment was vacant. So the base rent was next tenant's first rent. Next tenant's rent was $850 per month. When tenant moved in, landlord charged her $750 per month. Since tenant's rent was less than prior tenant's rent, there was no overcharge.

East-Ville Realty Co.: DHCR Adm. Rev. Dckt. No. MA410114RO (3/27/01) [3-pg. doc.]