Landlord Was Entitled to Two Increases

LVT Number: 15459

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. The DRA disallowed a renewal increase for prior tenant's last renewal lease because that lease started within three months of the start date of tenant's vacancy lease. But the Rent Stabilization Code has been amended so that the length of prior tenant's renewal lease doesn't matter when calculating the legal rent for the next tenant. So landlord was entitled to collect a renewal increase from prior tenant, as well as a vacancy increase from tenant. There was no overcharge.

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. The DRA disallowed a renewal increase for prior tenant's last renewal lease because that lease started within three months of the start date of tenant's vacancy lease. But the Rent Stabilization Code has been amended so that the length of prior tenant's renewal lease doesn't matter when calculating the legal rent for the next tenant. So landlord was entitled to collect a renewal increase from prior tenant, as well as a vacancy increase from tenant. There was no overcharge.

178 Realty LLC: DHCR Adm. Rev. Dckt. No. NC410102RO (10/12/01) [2-pg. doc.]

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