No Proof Landlord Didn't Offer Tenant One- or Two-Year Vacancy Lease
LVT Number: #28474
Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in part, finding that the base date lease for prior tenant didn't preserve a claimed legal regulated rent higher than the rent paid. Landlord claimed that the rent paid on the base date was a preferential rent, but this wasn't sufficiently documented. The DRA found no overcharge but directed landlord to correct the rent on apartment registrations forms and to offer tenant a renewal lease based on the preferential rent rather than the higher legal regulated rent. Tenant appealed and lost. Tenant disputed the amount of the legal rent found by the DRA because landlord didn't offer him a one- or two-year vacancy lease option when he moved in. The DHCR found insufficient evidence that landlord failed to offer tenant a choice of his vacancy lease term.
May: DHCR Adm. Rev. Docket No. FX110017RT (4/18/18) [4-pg. doc.]