Landlord Correctly Collected Renewal Increase and 421-a Surcharges

(Decision submitted by Eileen O'Toole of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Rent-stabilized tenant in 421-a building complained of rent overcharge. The DRA dismissed the complaint, finding no overcharge. Tenant appealed and lost. While the 421-a rent surcharges are limited annually to 2.2 percent for a total of 19.8 percent of the initial rent, landlord also was entitled to annual Rent Guidelines Board increases that the DRA correctly calculated. The waiver rule, where landlord accepts less rent than he's entitled to collect, also didn't apply here because tenant had a preferential rent until Aug. 1, 2014. Landlord presented sufficient proof that the rent increases collected were the legal rent increases.

Danilow: DHCR Adm. Rev. Docket No. FP410051RT (1/23/18) [3-pg. doc.]