Landlord Not Entitled to Vacancy Allowance

LVT Number: 14551

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the DRA should have included a vacancy allowance when calculating tenant's first rent. The DHCR ruled against landlord. The DRA had asked landlord to explain how it calculated the vacancy allowance for tenant. Landlord didn't do so. So the DRA properly disallowed any vacancy allowance.

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the DRA should have included a vacancy allowance when calculating tenant's first rent. The DHCR ruled against landlord. The DRA had asked landlord to explain how it calculated the vacancy allowance for tenant. Landlord didn't do so. So the DRA properly disallowed any vacancy allowance.

Monte Carlo LLC: DHCR Adm. Rev. Dckt. No. MG710005RO (9/12/00) [3-pg. doc.]

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