Tenant's Income Not Relevant to Rent Amount

LVT Number: #19870

Tenant complained of a rent overcharge because his rent-stabilized rent was greater than 30 percent of his annual income. The DRA ruled against tenant. Tenant appealed and lost. Tenant's building was rehabilitated under Article 8 of the Private Housing Finance Law. When the rehab was finished in 2001, HPD set a new and adjusted rent based on tenant's annual income. However, later rent increases were subject to rent stabilization and were no longer based on tenant's annual income. There was no rent overcharge.

Tenant complained of a rent overcharge because his rent-stabilized rent was greater than 30 percent of his annual income. The DRA ruled against tenant. Tenant appealed and lost. Tenant's building was rehabilitated under Article 8 of the Private Housing Finance Law. When the rehab was finished in 2001, HPD set a new and adjusted rent based on tenant's annual income. However, later rent increases were subject to rent stabilization and were no longer based on tenant's annual income. There was no rent overcharge.

Polite: DHCR Adm. Rev. Docket No. VD610052RT (7/13/07) [2-pg. doc.]

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