Landlord Not Entitled to Collect 21-Year Longevity Increase

Tenant complained of a rent overcharge. In calculating the legal rent, the DRA found that landlord was entitled to a nine-year longevity increase. Landlord appealed, claiming that it was entitled to a 21-year longevity increase. The DHCR ruled against landlord. Review of the DHCR's rent registration records showed that there was a change in the tenant name nine years before tenant moved in. The reason listed for the change on the annual registration nine years earlier was ''vacancy.'' So landlord couldn't claim that there hadn't been a vacancy in 21 years.

Ador Realty LLC: DHCR Admin. Rev. Dckt. No. QA210054RO (5/31/02) [5-pg. doc.]