Landlord Waived Vacancy Increase by Charging Lower Rent

LVT Number: #30522

Tenant complained of rent overcharge. Landlord claimed that the apartment was deregulated. The DRA ruled for tenant. Landlord appealed and lost. Tenant moved into the apartment on Feb. 1, 2015, at a monthly rent of $1,750. The prior tenant's last rent had been $2,187.60. Landlord could have charged tenant a 5 percent vacancy increase when she moved in. But since landlord charged tenant less than what the prior tenant paid, it waived the right to collect more than $1,750.

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Owl Creek Properties, LLC: DHCR Adm. Rev. Docket No. HO610017RO (10/24/19) [2-pg. doc.]