DHCR awarded respondent tenant damages for a rent overcharge predicated upon its finding that petitioner landlord was not entitled to a rent increase for major capital improvements completed without the tenants' consent at a time when the apartment in question was not vacant (see Rent Stabilization Code [9 NYCRR] § 2522.4 [a] [1]). The administrative record, however, demonstrated indisputably that the apartment was in fact vacant at the time of the improvements...
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