Landlord Can Collect Vacancy Increase

September 30, 1997

LVT Number: 11819

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed, claiming that it could get a 10 percent vacancy increase under Rent Guidelines Board order number 12 because it hadn't collected a vacancy increase since 1975. The DRA allowed only a 5 percent vacancy increase. The DHCR ruled for landlord. Prior tenant had been rent-controlled until 1980, when the building was rehabilitated under the Private Housing Finance Law. Prior tenant became rent-stabilized at that point.

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed, claiming that it could get a 10 percent vacancy increase under Rent Guidelines Board order number 12 because it hadn't collected a vacancy increase since 1975. The DRA allowed only a 5 percent vacancy increase. The DHCR ruled for landlord. Prior tenant had been rent-controlled until 1980, when the building was rehabilitated under the Private Housing Finance Law. Prior tenant became rent-stabilized at that point. So there had been no prior vacancy increase collected for the apartment, and landlord could get a 10 percent vacancy increase.

Ralph Langsam Assocs., Inc.: DHCR Adm. Rev. Dckt. No. DJ610127RO (5/16/97) [2-page document]

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