Landlord Can Collect Longevity and Two Vacancy Increases During One Year

Tenant complained of a rent overcharge. She moved into a former Mitchell-Lama building in October 2006. Prior rent-stabilized tenant had moved into the apartment in June 2006 but moved out a few months later. Before that, prior tenant lived in the apartment for 43 years. The DHCR ruled against tenant, finding only a minor $95 overcharge. Tenant didn’t file a timely appeal but later asked the DHCR to reconsider. Tenant disputed the 26 percent longevity increase calculated by the DHCR and, for the first time, claimed that landlord wasn’t entitled to two vacancy increases in 2006. The DHCR ruled for tenant in part, based on a calculation error. Landlord was entitled to the two vacancy increases since there were two new tenants during 2006. But the longevity increase was reduced to 11 percent since the first vacancy increase collected after the building left the Mitchell-Lama program was 19 years later, in June 2006. The total overcharge was $340.

47 McKeever Place: DHCR Adm. Rev. Docket No. XC210001RK (4/1/09) [4-pg. doc.]