Tenant Didn't Complain About Longevity Increase

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,600, including triple damages for willful overcharge. Landlord appealed. The DRA had found an overcharge because landlord collected a longevity increase based on a 12-year period since the last vacancy increase. But the DRA ruled that there was only an eight-year period since the last vacancy increase. Landlord argued that tenant never complained about the longevity increase in his overcharge complaint. The DHCR ruled for landlord. Tenant complained only and specifically that landlord improperly collected an MCI increase after tenant received a rent reduction because landlord also received a J-51 increase for the same improvement. And landlord had refunded any overcharge resulting from the rent reduction order when tenant raised the claim.

Orin Mgmt. Corp.: DHCR Adm. Rev. Dckt. No. SK610044RO (1/4/05) [2-pg. doc.]