Landlord Entitled to Greater Longevity Increase

LVT Number: 15735

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the DRA miscalculated the longevity increase landlord was entitled to collect. The DHCR ruled for landlord. The DRA found that prior tenant was in occupancy for 15 years and gave landlord a 9 percent longevity increase. But prior tenant was in the apartment for 28 years. So landlord was entitled to a 16.8 percent longevity increase. Upon recalculation, there was no overcharge.

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the DRA miscalculated the longevity increase landlord was entitled to collect. The DHCR ruled for landlord. The DRA found that prior tenant was in occupancy for 15 years and gave landlord a 9 percent longevity increase. But prior tenant was in the apartment for 28 years. So landlord was entitled to a 16.8 percent longevity increase. Upon recalculation, there was no overcharge.

320 Empire Realty LLC: DHCR Admin. Rev. Dckt. No. PK210006RO (2/25/02) [2-pg. doc.]

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