Landlord Entitled to $15 Supplemental Increase

(Decision submitted by Peter A. Schwartz of the Manhattan law firm of Fromme Fromme & Schwartz, attorneys for the landlord.) Tenant complained of a rent overcharge. Landlord showed that it made improvements to tenant's apartment for which rent increases were permitted. The DRA still found some rent overcharge, and tenant appealed. Tenant claimed that the DRA erroneously granted landlord a $15 supplemental increase during Rent Guideline period #17. The DHCR dismissed tenant's PAR. Guideline 17 permitted the $15 per month supplement for base rents of less than $330, not to exceed $342.50 for a two-year vacancy lease. Here, the prior rent was $258. The DRA added a guideline and vacancy increase, resulting in a rent of $294.12. Since this amount was less than $330, the DRA properly added the $15 supplement.

[Dawson: DHCR Adm. Rev. Dckt. Nos. GD 410152-RT, GD 410153-RO (12/16/92)]. 4-page document.