Longevity Increase Counted from 1968

LVT Number: 17759

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding a small overcharge of $375. The DRA granted landlord a 20.4 percent longevity rent increase, since prior tenant had lived in the apartment from at least 1968 until 2002. Landlord appealed, claiming that it should get a larger longevity increase because prior tenant actually lived in the apartment from 1951 to 2002. The DHCR ruled against landlord. The apartment only became subject to rent stabilization in 1968. So the longevity increase couldn't be calculated for any period before then.

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding a small overcharge of $375. The DRA granted landlord a 20.4 percent longevity rent increase, since prior tenant had lived in the apartment from at least 1968 until 2002. Landlord appealed, claiming that it should get a larger longevity increase because prior tenant actually lived in the apartment from 1951 to 2002. The DHCR ruled against landlord. The apartment only became subject to rent stabilization in 1968. So the longevity increase couldn't be calculated for any period before then.

181 E. 161 Realty LLC: DHCR Adm. Rev. Dckt. No. SJ610006RO (10/20/04) [2-pg. doc.]

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