Burns v. Hoboken Rent Leveling & Stabilization Board, A-2621-11T4; Appellate Division; opinion by Lihotz, J.A.D.; decided and approved for publication February 6, 2013. Before Judges Messano, Lihotz and Ostrer. On appeal from the Law Division, Hudson County, L-474-11. DDS No. 27-2-8942 [17 pp.]

Plaintiffs Megan Burns and Joseph Nieves are tenants in a rent-controlled apartment in a building owned by Bloomfield 206 Corporation. In response to their inquiry, a Hoboken rent regulation officer issued a "Legal Rent Calculation" showing that the legal base monthly rent for their apartment was $669, not the $1,550 charged by Bloomfield. Bloomfield appealed that determination to the Hoboken Rent Leveling & Stabilization Board, arguing the calculation omitted three applicable vacancy decontrols. The board concluded Bloomfield was entitled to credit for one additional vacancy decontrol and recalculated plaintiffs’ base rent as $944 per month. Bloomfield did not appeal that determination.