Apartment Was Vacant on Base Rent Date

Tenant filed rent overcharge and lease violation complaints with the DHCR in 2012. Tenant claimed that the apartment was rent stabilized and that the last registered rent in 2007 was $1,100 per month. The DRA found that on the base rent date in December 2008, the apartment was vacant. Therefore, the base rent was the last registered rent of $1,100. The next legal rent that could have been charged to tenant when he moved in was actually higher than the rent paid by tenant. So there was no overcharge. Tenant appealed and lost. Tenant claimed that the 2007 rent was fraudulent. But the 2007 rent didn’t matter. Landlord proved that the apartment was vacant on the base rent date through statements from its contractor and three other tenants. So it didn’t matter what rent was paid by a prior tenant. Notably, the prior tenant’s lease rent was $1,320, which was higher than the $1,100 registered rent used as the base rent.

Yerpe: DHCR Adm. Rev. Docket No. CX210024RT (4/28/15) [7-pg. doc.]