Landlord Miscalculated Longevity Increase

December 21, 2015

LVT Number: #26701

Unregulated tenant claimed that he was rent stabilized and complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,835, including triple damages. Landlord appealed and lost. Landlord had claimed that the apartment was properly deregulated before tenant moved in. Landlord had calculated tenant’s initial rent by including a 47-year longevity increase because prior tenant had moved into the apartment in 1963. But a proper longevity increase could be for only 41 years because the Rent Stabilization Law didn’t take effect until 1969.

Unregulated tenant claimed that he was rent stabilized and complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,835, including triple damages. Landlord appealed and lost. Landlord had claimed that the apartment was properly deregulated before tenant moved in. Landlord had calculated tenant’s initial rent by including a 47-year longevity increase because prior tenant had moved into the apartment in 1963. But a proper longevity increase could be for only 41 years because the Rent Stabilization Law didn’t take effect until 1969. Under the DHCR’s calculation, tenant’s initial legal rent was $1,980.

 

 

 

Brussels Leasing, LP: DHCR Adm. Rev. Docket No. CX110030RO (10/9/15) [4-pg. doc.]

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