Landlord Entitled to Higher Renewal Increase Under RGBO 41

LVT Number: #26071

The DHCR's Tenant Protection Unit (TPU) initiated a rent overcharge proceeding against landlord after the issue wasn't resolved before the TPU. Landlord claimed that there was no overcharge. The DRA ruled for tenant and ordered landlord to refund $20,650, including interest. Landlord appealed and won, in part. The DRA properly disallowed rent increases based on individual apartment improvements (IAIs) costing $15,000, which were based mostly on repairs or standard maintenance items.

The DHCR's Tenant Protection Unit (TPU) initiated a rent overcharge proceeding against landlord after the issue wasn't resolved before the TPU. Landlord claimed that there was no overcharge. The DRA ruled for tenant and ordered landlord to refund $20,650, including interest. Landlord appealed and won, in part. The DRA properly disallowed rent increases based on individual apartment improvements (IAIs) costing $15,000, which were based mostly on repairs or standard maintenance items. But landlord pointed out correctly that it was entitled to a higher $60 renewal rent increase instead of a 6 percent rent increase under RGBO 41. So the total overcharge with interest was reduced by $550.

Chrismar Equities Corp.: DHCR Adm. Rev. Docket No. CP110029RO (1/15/15) [6-pg. doc.]

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