16-Year Longevity Increase Properly Applied

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund the overcharge with triple damages and attorney's fees. Landlord appealed and lost. Among other things, the DHCR found that the DRA correctly excluded the cost of refinishing the bathtub from permitted individual apartment improvement (IAI) costs because this was an ordinary maintenance and repair expense. Landlord didn't install a new bathtub, so the work in question wasn't part of an overall demolition cost. Landlord also disputed a longevity rent increase granted for 16 years. Since prior tenant occupied the apartment for 16 years and seven months, the DRA properly applied a 16-year longevity increase rather than a 17-year increase. It also was reasonable for the DRA to rely on its inspector to identify whether certain improvements were made to the apartment. 

247-253 West 116 LLC: DHCR Adm. Rev. Docket No. EU410074RO (3/9/17) [15-pg. doc.]