Failure to Calculate Rent in Vacancy Lease Rider Didn't Create Rent Overcharge

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant and dismissed his complaint. Tenant appealed and lost. The base rent date was Oct. 14, 2006, four years before tenant filed his complaint. Review of rent registration records showed that the last prior vacancy rent had been registered 26 years before tenant moved into the apartment. So the DRA correctly added a 15.6 percent longevity increase when calculating tenant's legal rent. This limited exception to the four-year rule was required by the law governing vacancy increases. Landlord's failure to set forth how tenant's rent was calculated in its vacancy lease rider to tenant didn't change the DRA's calculation of tenant's legal regulated rent. Landlord also proved that it spent $26,000 on individual apartment improvements before tenant moved in.

Llanos: DHCR Adm. Rev. Docket No. AW110015RT (10/16/14) [3-pg. doc.]