Landlord Entitled to Longevity Increase

November 1, 2003

LVT Number: 16941

Tenant complained of a rent overcharge. The DRA ruled for tenant, found a willful overcharge, and directed landlord to refund over $10,000. Landlord appealed, claiming that the DRA didn't include a longevity allowance of 0.6 percent per year in calculating tenant's initial legal rent. Prior tenant had lived in the apartment from 1962 to 2001. The DHCR ruled for landlord. Landlord was entitled to a longevity increase of 22.8 percent. When this increase was added in, there was no overcharge.

Tenant complained of a rent overcharge. The DRA ruled for tenant, found a willful overcharge, and directed landlord to refund over $10,000. Landlord appealed, claiming that the DRA didn't include a longevity allowance of 0.6 percent per year in calculating tenant's initial legal rent. Prior tenant had lived in the apartment from 1962 to 2001. The DHCR ruled for landlord. Landlord was entitled to a longevity increase of 22.8 percent. When this increase was added in, there was no overcharge.

Arcadia Leasing LP: DHCR Adm. Rev. Dckt. No. RG210082RO (10/1/03) [2-pg. doc.]

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