Landlord Can't Collect Higher Renewal Increase
LVT Number: #24593
Tenant complained of a rent overcharge. The building had been removed from Mitchell-Lama in 2006 and became rent stabilized. When tenant's lease was renewed in 2009, landlord interpreted Rent Guidelines Board Order No. 40 to permit a higher renewal increase because tenant's vacancy lease was signed six years or more before the renewal date. The DRA ruled for tenant. Landlord appealed and lost. Landlord can't collect the higher renewal increase permitted under RGBO No. 40 for long-term tenants. RGBO No.