Landlord Didn't Waive Longevity Rent Increase

LVT Number: #30144

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and ordered landlord to refund a small overcharge amount. Tenant filed an Article 78 court appeal, claiming that the overcharge finding was arbitrary and unreasonable. The court sent the case back to the DHCR for further consideration. The DRA found a total overcharge of $5,355. Tenant appealed, claiming that the DRA's review upon court remit was limited to whether landlord charged too much for individual apartment improvements (IAIs).

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Lyubarsky: DHCR Adm. Rev. Docket No. GM210030RT (3/12/19) [4-pg. doc.]