Landlord Gets HPD-Ordered Rent Hike Despite Rent Cut Order

LVT Number: 9453

The DRA found that tenant had been overcharged about $8,000, and landlord appealed. Landlord argued that the DRA had overlooked a prior HPD-approved rent hike. The DHCR ruled for landlord, in part, and reduced the amount of the overcharge by about $1,500. Pursuant to Article 8-A of the Private Housing Finance Law, HPD had granted landlord a rent hike for rehabilitating the building. Landlord was entitled to collect this rent hike, despite the fact that a rent cut for decreased services was in effect.

The DRA found that tenant had been overcharged about $8,000, and landlord appealed. Landlord argued that the DRA had overlooked a prior HPD-approved rent hike. The DHCR ruled for landlord, in part, and reduced the amount of the overcharge by about $1,500. Pursuant to Article 8-A of the Private Housing Finance Law, HPD had granted landlord a rent hike for rehabilitating the building. Landlord was entitled to collect this rent hike, despite the fact that a rent cut for decreased services was in effect.

92 Morningside Ave., Apt. 36: DHCR Adm. Rev. Dckt. No. IG 410071-RO (10/28/94) [9-page document]

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