Apartment Vacant on Base Rent Date

Rent-stabilized tenant complained of a rent overcharge. The DRA found a small overcharge and ordered landlord to refund $500. Since the apartment was vacant on the base rent date, the next tenant’s $1,200 rent was the legal regulated rent. Tenant appealed, claiming that the base date rent should be $832, which was the last registered rent before the base date. The DHCR ruled against tenant. The base rent date was Aug. 4, 2004, four years before tenant filed his complaint. The 2004 registered rent can’t be considered, because it was the rent in effect on April 1, 2004, which was more than four years before tenant filed his complaint.

Navarrete: DHCR Adm. Rev. Docket No. XL210020RT (4/1/10) [3-pg. doc.]