No Overcharge Where Vacancy Rent Above $2,000

LVT Number: #20147

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding that tenant's apartment wasn't subject to rent stabilization. Tenant appealed and lost. Landlord submitted documents showing that the lease in effect on the base date four years before tenant's complaint was filed was tenant's initial lease. Tenant's rent at that time was more than $2,000 per month. Tenant therefore was exempt from rent stabilization based on high-rent vacancy.

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding that tenant's apartment wasn't subject to rent stabilization. Tenant appealed and lost. Landlord submitted documents showing that the lease in effect on the base date four years before tenant's complaint was filed was tenant's initial lease. Tenant's rent at that time was more than $2,000 per month. Tenant therefore was exempt from rent stabilization based on high-rent vacancy.

Sprinceana: DHCR Adm. Rev. Docket No. VI110006RT (10/18/07) [2-pg. doc.]

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