DHCR Grants Rent Increase Based on U/P Circumstances

December 1, 2011

LVT Number: #23789

Landlord asked the DHCR for permission to increase rent-controlled tenant's rent based on unique and peculiar circumstances. The DRA ruled against landlord, who appealed and won. HPD had owned the building for 25 years after a foreclosure proceeding. For the past 30 years, tenant's rent was increased only once and was currently $120 per month. There had been no change since 1978. In 2006, a court had approved rent increases for apartments in the building next door, which was part of a horizontal multiple dwelling with the building containing tenant's apartment.

Landlord asked the DHCR for permission to increase rent-controlled tenant's rent based on unique and peculiar circumstances. The DRA ruled against landlord, who appealed and won. HPD had owned the building for 25 years after a foreclosure proceeding. For the past 30 years, tenant's rent was increased only once and was currently $120 per month. There had been no change since 1978. In 2006, a court had approved rent increases for apartments in the building next door, which was part of a horizontal multiple dwelling with the building containing tenant's apartment. The DHCR approved an increase to $633 per month by May 1, 2015. This amount was reached by applying a 7.5 percent increase to the 1978 rent for five years. The rent increase would be phased in at the rate of $103 per year until then.

Second & East 82nd Realty LLC: DHCR Adm. Rev. Docket No. VE420018RO (4/13/11) [8-pg. doc.]

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