No Dollar Amount Guidelines Increase Permitted

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that tenant's legal rent on Dec. 1, 2010, should be $358.14, not $400.87. Landlord appealed and lost. Landlord claimed that, under a court ruling affecting Rent Guidelines Board Orders Nos. 40 and 41, landlord was entitled to adjust the rent to reflect a dollar amount increase instead of the percentage increase under RGBO No. 41. But the lease in question, which commenced on Dec. 1, 2010 was subject to RGBO No. 42, which didn't allow any dollar amount increases. Tenant's prior two-year renewal lease commencing on Dec. 1, 2008, was subject to RGBO No. 40. But a dollar amount increase still wasn't allowed there because it was only an option if the most recent vacancy lease commenced six or more years prior to the commencement date of that lease. Landlord had collected a vacancy increase four years previously, in 2004.

Fishbeyn: DHCR Adm. Rev. Docket No. BU410012RO (2/21/14) [2-pg. doc.]