Landlord Can Collect Long-Term Vacancy Increase

LVT Number: #23612

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant, and ordered landlord to pay back a small overcharge with interest. Tenant appealed, challenging the rent increases permitted by the DRA. The DHCR ruled against tenant. Landlord sufficiently documented certain 1/40th apartment improvements and therefore was entitled to a rent increase. In addition, the prior rent-stabilized tenant had lived in the apartment for 34 years. So landlord was entitled to an additional longevity increase of 20.4 percent, representing 0.6 percent multiplied by 34.

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant, and ordered landlord to pay back a small overcharge with interest. Tenant appealed, challenging the rent increases permitted by the DRA. The DHCR ruled against tenant. Landlord sufficiently documented certain 1/40th apartment improvements and therefore was entitled to a rent increase. In addition, the prior rent-stabilized tenant had lived in the apartment for 34 years. So landlord was entitled to an additional longevity increase of 20.4 percent, representing 0.6 percent multiplied by 34.

Hart: DHCR Adm. Rev. Docket No. YI410046RT (7/6/11) [4-pg. doc.]

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