No Longevity Increase After Only Six Years

December 1, 2006

LVT Number: 19296

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,600, including interest. Landlord appealed and lost. Landlord argued that the DRA incorrectly calculated the legal rent. Landlord claimed that it was entitled to collect a longevity increase when tenant moved in, in addition to a statutory vacancy increase of 20 percent, because there had been no prior vacancy for a long time. The DHCR said that prior tenant had moved into the apartment six years before complaining tenant did.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,600, including interest. Landlord appealed and lost. Landlord argued that the DRA incorrectly calculated the legal rent. Landlord claimed that it was entitled to collect a longevity increase when tenant moved in, in addition to a statutory vacancy increase of 20 percent, because there had been no prior vacancy for a long time. The DHCR said that prior tenant had moved into the apartment six years before complaining tenant did. To collect a longevity increase, landlord must show that no vacancy increase had been collected for at least eight years before new tenant moved in.

One Lenox, LLC: DHCR Adm. Rev. Docket No. UG210006RP (8/11/06) [4-pg. doc.]

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