Landlord Not Entitled to 6% Renewal Increase on Top of Vacancy Increase

LVT Number: 16942

Tenant complained of a rent overcharge. The DRA ruled for tenant and directed landlord to refund $7,500, including triple damages. Landlord appealed, claiming that he was entitled to collect a 6 percent rent guidelines increase when tenant moved in. The DHCR ruled against landlord. Landlord collected a 20 percent vacancy allowance when tenant moved in. Landlord wasn't allowed to collect an additional rent guidelines renewal increase for tenant's vacancy lease.

Tenant complained of a rent overcharge. The DRA ruled for tenant and directed landlord to refund $7,500, including triple damages. Landlord appealed, claiming that he was entitled to collect a 6 percent rent guidelines increase when tenant moved in. The DHCR ruled against landlord. Landlord collected a 20 percent vacancy allowance when tenant moved in. Landlord wasn't allowed to collect an additional rent guidelines renewal increase for tenant's vacancy lease.

Perez: DHCR Adm. Rev. Dckt. No. QJ210006RO (10/6/03) [3-pg. doc.]

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