Tenant Paid Less Than Legal Rent

April 9, 2012

LVT Number: #24041

Rent-stabilized tenant complained of a rent overcharge. The DRA found no overcharge and dismissed the complaint. Tenant appealed and lost. On the base date, Oct. 6, 2005, the legal regulated rent for the apartment was $896 per month. Tenant moved into the apartment two years later, at a monthly rent of $1,340. This amount was less than the legal rent of $1,581, which could have been collected based on a 20 percent vacancy allowance, 17 percent longevity increase, and 1/40th increase for documented individual apartment improvements.

Rent-stabilized tenant complained of a rent overcharge. The DRA found no overcharge and dismissed the complaint. Tenant appealed and lost. On the base date, Oct. 6, 2005, the legal regulated rent for the apartment was $896 per month. Tenant moved into the apartment two years later, at a monthly rent of $1,340. This amount was less than the legal rent of $1,581, which could have been collected based on a 20 percent vacancy allowance, 17 percent longevity increase, and 1/40th increase for documented individual apartment improvements. Since tenant paid less than the legally permitted rent, there was no overcharge.

Colon: DHCR Adm. Rev. Docket No. ZA610025RT (2/7/12) [2-pg. doc.]

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