Landlord Qualified for $100 Vacancy Increase

LVT Number: 15253

Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed, claiming that landlord wasn't entitled to a $100 vacancy increase when tenant moved in. The DHCR ruled against tenant. For any vacancy lease entered into after June 15, 1997, if the prior legal regulated rent was between $300 and $500 per month, landlord is entitled to a $100 vacancy increase. Here, prior tenant's rent was $312.21. So landlord qualified for the vacancy increase.

Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed, claiming that landlord wasn't entitled to a $100 vacancy increase when tenant moved in. The DHCR ruled against tenant. For any vacancy lease entered into after June 15, 1997, if the prior legal regulated rent was between $300 and $500 per month, landlord is entitled to a $100 vacancy increase. Here, prior tenant's rent was $312.21. So landlord qualified for the vacancy increase.

Gilbert: DHCR Adm. Rev. Dckt. No. MK610126RT (7/3/01) [3-pg. doc.]

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