Landlord Couldn't Support 49-Year Longevity Increase Claim

The DHCR's Tenant Protection Unit (TPU) commenced an individual apartment improvement (IAI) audit for tenant's apartment. The TPU audit found that landlord's claimed IAIs didn't support the 2014 legal registered rent. TPU referred the case to the DRA as a rent overcharge claim. The DRA ruled for tenant and ordered landlord to refund $8,926 to tenant, including triple damages.

Landlord appealed and lost. In response to the DRA, landlord had submitted IAI documentation totalling $27,840. The DRA set the base date as January 2013, which was four years before TPU referred the case to the DRA. The DRA allowed a 16.25 percent vacancy increase and an 18 percent longevity increase based on a 30-year prior tenancy and an IAI increase of $407.26. In its PAR, landlord claimed that the longevity increase should be greater because prior tenant had lived in the apartment for 49 years. But landlord didn't make this claim before the DRA and the email submitted from prior tenant's son was insufficient proof. And the IAI documentation landlord submitted to the DRA was more than what landlord claimed in tenant's vacancy lease. So landlord couldn't claim additional IAIs in its PAR. 

Shapiro: DHCR Adm. Rev. Docket No. GS210051RO (4/24/19) [3-pg. doc.]