Landlord Can Collect Renewal and Vacancy Increases

LVT Number: 14747

Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed and lost. Prior tenant was tenant's uncle. After prior tenant, landlord renewed the lease in the name of tenant's estate. After settling an eviction case against tenant, who was found to have no pass-on rights, landlord gave tenant a vacancy lease. Tenant claimed that landlord shouldn't be allowed to collect both the renewal lease increase and vacancy lease increase. But there was nothing improper in collecting both increases.

Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed and lost. Prior tenant was tenant's uncle. After prior tenant, landlord renewed the lease in the name of tenant's estate. After settling an eviction case against tenant, who was found to have no pass-on rights, landlord gave tenant a vacancy lease. Tenant claimed that landlord shouldn't be allowed to collect both the renewal lease increase and vacancy lease increase. But there was nothing improper in collecting both increases.

Gargiula: DHCR Adm. Rev. Dckt. No. MF410051RT (12/13/00) [2-pg. doc.]

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