Landlord Entitled to Collect Vacancy Increase

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $78,000, including interest. Landlord appealed, claiming that it was entitled to collect a 20 percent vacancy increase when tenant moved in. The DRA calculated only an 18 percent vacancy increase. The DHCR ruled for landlord and corrected the DRA's calculation error. The total overcharge was $66,000.

213 W. 13th St. Assocs.: DHCR Adm. Rev. Dckt. No. RJ410080RO (2/5/04) [3-pg. doc.]