Landlord Can't Collect Vacancy Allowance from Tenant Without Lease

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord claimed that the DRA improperly disallowed a vacancy increase for tenant. The DHCR ruled that landlord wasn't entitled to a vacancy increase. Landlord didn't give tenant a lease when she first moved in. So the DRA properly treated tenant as a month-to-month tenant. Landlord later gave tenant a lease but improperly backdated it.

Doal/Rawdin: DHCR Adm. Rev. Dckt. Nos. NE410072RT and NE410059RO (7/19/01) [5-pg. doc.]