Landlord Can't Collect Vacancy Allowance

LVT Number: 13939

Tenant complained of a rent overcharge. The DHCR ruled for tenant and ordered landlord to refund $22,000, including triple damages. Landlord appealed and lost. The DHCR reasonably denied a vacancy allowance that landlord claimed should have been included in the rent calculation.

Tenant complained of a rent overcharge. The DHCR ruled for tenant and ordered landlord to refund $22,000, including triple damages. Landlord appealed and lost. The DHCR reasonably denied a vacancy allowance that landlord claimed should have been included in the rent calculation.

Sterling Apts. v. DHCR: NYLJ, 2/22/00, p. 24, col. 5 (App. Div.1 Dept. Rosenberger, JP, Nardelli, Mazzarelli, Wallach, Rubin, JJ)