DHCR Rent Reduction Order Example Case
In Graham Ct. Owners Corp. v. Allen (NYLJ, Mar. 19, 1996, at 25, col 2 [App Term, 1st Dept]) the Appellate Term, First Department, rejected a claim that the effect of a Division of Housing and Community Renewal (DHCR) rent reduction order on a first stabilized rent was to reduce the rent to the last controlled rent.
It reasoned that the DHCR order "did not preclude landlord from collecting permissible vacancy increases and allowances for vacancy improvements" (supra, at 25, col 2).
Instead of calculating these increases (an operation which could not be performed because the stabilized rent was not based on "increases" over the controlled rent), the court merely reduced the rent by the last guidelines adjustment.