Landlord Can't Charge Vacancy Increase to Prior Tenant's Brother

LVT Number: 16338

Current tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed and lost. Landlord gave current tenant a vacancy lease when prior tenant, who was tenant's brother, moved out. But current tenant submitted proof that he had lived in the apartment with prior tenant for more than two years before tenant moved out. So current tenant was entitled to a renewal lease. The extra rent resulting from the vacancy increase was an overcharge.

Current tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed and lost. Landlord gave current tenant a vacancy lease when prior tenant, who was tenant's brother, moved out. But current tenant submitted proof that he had lived in the apartment with prior tenant for more than two years before tenant moved out. So current tenant was entitled to a renewal lease. The extra rent resulting from the vacancy increase was an overcharge.

Regina Metropolitan Co.: DHCR Admin. Rev. Dckt. No. QI410049RO (11/1/02) [3-pg. doc.]

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