Two-Year Guidelines Increase Applies to 16-Month Lease

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord collected a two-year guidelines increase instead of a one-year guidelines increase during a period when tenant had a 16-month lease. The DRA had ruled that the one-year guidelines increase was the legal increase. But landlord showed that under Rent Guidelines Board Order No. 27, the two-year guidelines increase applied to a fractional lease term greater than one year. So landlord correctly charged tenant a two-year guidelines increase, and the DHCR ruled for landlord.

D'Alleva: DHCR Admin. Rev. Dckt. No. NK110061RO (10/30/01) [4-pg. doc.]