DHCR Correctly Calculated Lawful Vacancy Rent Increases

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant, finding a total overcharge of $3,361. When triple damages were added, and the amount of a prior refund deducted, the total due to tenant became $1,260.

Tenant appealed and lost. Tenant now claimed that when the prior tenant moved into the unit in 2016, the rent was increased illegally by $1,000 due to individual apartment improvements (IAIs) and that this caused her 2018 rent to be "overly inflated." But a DHCR inspector had looked at the IAIs at tenant's apartment before the DRA decided the case. The DRA had in fact disallowed $15,000 of landlord's $40,000 claimed costs because there was insufficient proof of the cost and/or installation of doors, hardware, GFI outlets in the kitchen, and hardwood flooring throughout. Otherwise, at the time of the 2016 IAIs, there was no requirement that they cost a certain amount. Landlord presented proof of payment of what the DRA added to the legal rent. Tenant's vacancy rent also included a lawful 18 percent vacancy increase and a 13.8 percent longevity increase.

Alexandre: DHCR Adm. Rev. Docket No. MM210004RT (2/29/24)[2-pg. document]