Landlord Entitled to Collect Longevity Increase

Tenant complained of a rent overcharge. Landlord explained that it collected from tenant a 29 percent vacancy increase, a 12.6 percent longevity increase, plus a 1/40th increase for individual apartment improvements. The DRA ruled against tenant. Tenant appealed, claiming that the DHCR records showed that prior tenant had lived in the apartment for 14 years, since 1984, so landlord couldn't collect the longevity increase granted. The DHCR ruled against tenant. The DHCR records showed only that prior tenant had been in the apartment since at least 1984. Landlord showed that prior tenant moved into the apartment in 1976. So landlord could collect a 0.6 percent longevity increase times 21 years, equaling 12.6 percent.

Tamimi: DHCR Admin. Rev. Dckt. No. OB110107RT (10/5/01) [2-pg. doc.]