Apartment Vacant on Base Date

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenants complained of a rent overcharge. The DHCR ruled against tenants, and they appealed. Landlord charged tenants $780 per month when they moved into the apartment in 1990. But prior tenant's rent was $270. The court ruled against tenants. Prior tenant moved out in 1986. The apartment remained vacant for several years and was properly registered during the years before tenants moved in. It was vacant four years before tenants filed their overcharge complaint. So the base rent was the first rent charged after the vacancy.

Brown and Donehoo v. DHCR: Index No. 124978/00 (Sup. Ct. NY 7/9/01; Omansky, J) [8-pg. doc.]