No Waiver of Longevity Increase

Tenant complained of a rent overcharge. The DRA found that landlord had collected an overcharge of $371, taking into account that landlord was entitled to collect a longevity rent increase because it hadn't collected a vacancy increase in the 19 years before tenant's vacancy increase began. Tenant appealed, claiming that landlord had waived the right to collect the longevity increase because landlord could have collected a vacancy increase in 1994, but didn't do so. The DHCR ruled for landlord. Although landlord had waived the 1994 vacancy increase, it hadn't waived the right to collect the longevity increase, because landlord hadn't collected a vacancy increase within eight years before tenant's vacancy increase began.

Burgos: DHCR Adm. Rev. Dckt. No. TK410048RT (2/2/06) [3-pg. doc.]