Landlord Waived Right to Collect Vacancy Increase

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord claimed that tenant moved in while prior tenant was still in occupancy. Landlord said it was entitled to collect a vacancy increase from tenant at that point. The DHCR ruled against landlord. Landlord didn't collect the vacancy increase from tenant when she first moved in with prior tenant. So landlord waived any right to collect the vacancy increase.

424 E. 13th Assets Inc.: DHCR Admin. Rev. Dckt. No. OF410060RO (12/4/01) [2-pg. doc.]