Landlord Properly Calculated Legal Regulated Vacancy Rent for New Tenant Pre-HSTPA

Rent-stabilized tenant complained to the DHCR of rent overcharge in March 2019. Tenant pointed out that the prior tenant's registered rent was $843 per month but that the rent was increased to $1,200 per month when he moved into the unit in 2015. The DRA found just a small three-month overcharge and ordered landlord to refund $174, including triple damages.

Tenant appealed and lost. The four-year base date rent was $843.29 per month. The DRA properly added an 18 percent vacancy increase and an 11.4 percent longevity increase, which brought the next legal rent up to $1,272.21. But the landlord charged $1,260.08 as tenant's legal regulated vacancy rent, and gave tenant a preferential rent of $1,200 per month. Landlord also submitted proof of individual apartment improvements (IAIs) costing $7,240 that were not added to the legal rent. So there was no additional overcharge.

NWA: DHCR Adm. Rev. Docket No. LW210026RT (4/30/24)[4-pg. document]