Can Landlord Get Rent Increase for Vacant Apartment?

Landlord had registered rent-stabilized apartment with the DHCR every year from 1984 to 1995. The apartment was vacant between 1988 and 1993. New landlord asked the DHCR if rent guideline increases could be added to the apartment rent while the unit was vacant and if these increases could be reflected on the annual registrations. In an opinion letter, the DHCR said no. A landlord can't properly register annual rent guideline increases for a vacant apartment. For example, if the last legal rent for an apartment was $275 in 1987 and the apartment remained vacant until rented again in 1983, the legal rent in 1993 would be $275 plus applicable guidelines increases for a one- or two-year vacancy lease.

DHCR Opin. Ltr. by Nathaniel Geller (2/6/96) [3-page document]