Landlord Didn't Waive Longevity Rent Increase

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and ordered landlord to refund a small overcharge amount. Tenant filed an Article 78 court appeal, claiming that the overcharge finding was arbitrary and unreasonable. The court sent the case back to the DHCR for further consideration. The DRA found a total overcharge of $5,355. Tenant appealed, claiming that the DRA's review upon court remit was limited to whether landlord charged too much for individual apartment improvements (IAIs).

The DHCR disagreed and noted that the DRA properly conducted full review of the rent history and lawful rent increases. Landlord was entitled to an 18 percent longevity increase, as well as a 16.25 percent vacancy increase and a $99 increase for IAIs. The last prior vacancy increase for the apartment had been charged 30 years before tenant moved in. Since landlord was entitled by law to collect the longevity rent increase upon vacancy, there was no waiver of that increase by landlord, even if the DRA had omitted calculation of the longevity increase in its initial decision.

Lyubarsky: DHCR Adm. Rev. Docket No. GM210030RT (3/12/19) [4-pg. doc.]