DHCR Approval Not Required

LVT Number: 10704

Landlord applied to the DHCR for an apartment rent increase based on the installation of five new windows at a cost of $925. Tenant had signed a consent form, agreeing to the rent increase. The DRA ruled against landlord because landlord didn't respond to requests for additional information. Landlord appealed and submitted a copy of the requested canceled check. The DHCR ruled for landlord for another reason. Under DHCR Operational Bulletin 94-1, DHCR approval is no longer required for rent increases based on individual apartment improvements.

Landlord applied to the DHCR for an apartment rent increase based on the installation of five new windows at a cost of $925. Tenant had signed a consent form, agreeing to the rent increase. The DRA ruled against landlord because landlord didn't respond to requests for additional information. Landlord appealed and submitted a copy of the requested canceled check. The DHCR ruled for landlord for another reason. Under DHCR Operational Bulletin 94-1, DHCR approval is no longer required for rent increases based on individual apartment improvements. Landlord may proceed to collect a 1/40th rent increase. However, landlord must still get tenant's written consent if the improvement is done while a tenant occupies the apartment, and may have to produce this proof if a tenant complaint is subsequently filed.

Barcia: DHCR Adm. Rev. Dckt. No. DD120139RO (5/17/96) [2-page document]

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