Landlord Needn't Submit Initial Lease to Get Longevity Increase

LVT Number: 15804

Tenant complained of a rent overcharge. Landlord claimed that it was entitled to a longevity rent increase because it hadn't collected a vacancy increase in a long time. The DRA ruled against landlord because it didn't submit a copy of prior tenant's initial lease. Landlord appealed, claiming that this requirement was unreasonable. The DHCR ruled for landlord. The DHCR's own rent registration records contained documentation of when the last vacancy increase was collected for tenant's apartment. So landlord didn't have to submit the lease.

Tenant complained of a rent overcharge. Landlord claimed that it was entitled to a longevity rent increase because it hadn't collected a vacancy increase in a long time. The DRA ruled against landlord because it didn't submit a copy of prior tenant's initial lease. Landlord appealed, claiming that this requirement was unreasonable. The DHCR ruled for landlord. The DHCR's own rent registration records contained documentation of when the last vacancy increase was collected for tenant's apartment. So landlord didn't have to submit the lease.

548 W. 148th St. Assocs.: DHCR Admin. Rev. Dckt. No. PK410018RO (3/27/02) [8-pg. doc.]

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