Tenant Moved in During Guideline 14

Tenant complained of a rent overcharge. The DRA found that landlord had collected a second rent increase under Guideline 13 for a lease that began on Sept. 1, 1982. So, it ruled that tenant had been overcharged. Landlord appealed, claiming that Guideline 14 applied to the lease that began on Sept. 1, 1982, because tenant couldn't move into the apartment until December 1982, when the prior tenant moved out. Guideline 14 was in effect in December 1982. The DHCR ruled for landlord. The rent guideline in effect on the date tenant actually moves in should apply. So, landlord was entitled to collect a rent increase under Guideline 14. This reduced the amount of the overcharge.

465 East 7th Street, Apt. 2P: DHCR Adm. Rev. Dckt. No. BL 210216-RO (8/4/94) [3-page document]