Landlord Can't Collect Additional 2.2% Increases After 1984

Tenant complained of a rent overcharge. The DRA ruled for tenant and reduced her rent. Among other things, the DRA disallowed some annual 2.2 percent rent increases applicable to tenant's apartment under the 421-a tax benefit program that the building was subject to. Landlord appealed, claiming that it was entitled to more of the annual 2.2 percent increases than the DRA had allowed. The DHCR ruled against landlord. Landlord received its certificate of eligibility for the 421-a program in 1975. The period for receiving nine annual 2.2 percent rent increases permitted by law was 1976 to 1984. Landlord argued that since it didn't collect all nine annual increases by 1984, it should be allowed additional increases after 1984. This wasn't permitted; under RPTL section 421-a, the nine increases must be taken during the tax exemption period.

Miller/Manhattan Realty Co.: DHCR Admin. Rev. Dckt. Nos. DI410177RT, EG410525RT, EG410208RO (4/15/96) [4-page document]